During our casework, most cases require an interview with the suspect or witnesses to gain more information and evidence. This is also a great time to interrogate suspects on already found evidence. Apon interviewing a suspect 2 officers must be present in the room, the DIR ( Digital Interview Recorder ) needs to be recording through out. After the interview the footage must be posted to help with further investigations. Training will take place on how to go about conducting a interview with suspects.
In the UK, police interviews are a crucial part of investigating crimes, and the procedure is governed by strict rules to ensure fairness and legality. The main set of rules that guides police interviews is the **Police and Criminal Evidence Act 1984** (PACE). Here’s an overview of the typical procedure for a police interview:
Before the interview begins, the following steps occur:
Rights Notification: The suspect must be informed of their rights, which include:
The right to remain silent, but also the warning that if they fail to mention something during the interview which they later rely on in court, it could harm their defense.
The right to legal advice and to have a solicitor present during the interview.
The right to consult **PACE Codes of Practice**, which govern police conduct.
Legal Representation: If the suspect requests a solicitor, the interview cannot start until the solicitor arrives. They can either have a **duty solicitor** (free) or arrange their own.
Voluntary or Arrested: If the suspect is being interviewed voluntarily (without arrest), they can leave the interview at any time unless they are arrested. If they are under arrest, they are in custody and cannot leave freely.
2. Recording the Interview
Interviews with suspects must be **audio or video recorded** to ensure accuracy and transparency. This ensures that both the police and the suspect are protected from false claims or coercion. The interview cannot take place off-record, and the recording must start before any questions are asked.
3. The Caution
At the start of the interview, the suspect will be read the **caution**:
> "You do not have to say anything, but it may harm your defense if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence."
This informs the suspect of their right to remain silent but warns that silence or omission of key facts can be used against them later in court.
4. Conducting the Interview
The interview is conducted following a set framework known as the **PEACE model**:
Planning and Preparation: Before the interview, officers prepare a plan of questions and objectives. They review evidence and decide what information they need to obtain.
Engage and Explain: The interviewer introduces themselves, explains the purpose of the interview, and reminds the suspect of their rights. They also aim to build rapport to encourage the suspect to speak openly.
Account, Clarification, and Challenge: This is the main part of the interview where the suspect is asked questions:
Account: The interviewer will ask the suspect to provide their version of events.
Clarification**: The interviewer will clarify inconsistencies, ask follow-up questions, and check any unclear points.
Challenge**: If there is evidence that contradicts the suspect’s statements, the interviewer may challenge them with this information to test their account.
Closure: The interviewer summarizes the key points of the interview, gives the suspect a final opportunity to say anything, and asks if they wish to add anything. The interview is then formally ended.
Evaluation: After the interview, the evidence gathered is reviewed to determine whether further investigation is needed, if charges will be brought, or if the suspect will be released.
5. Breaks and Welfare
Breaks: The suspect must be given reasonable breaks during the interview, especially if it is lengthy. They also have the right to use the toilet, have food, and rest if necessary.
Appropriate Adults: If the suspect is a **vulnerable person** (e.g., under 18 or has a mental health condition), an **appropriate adult** must be present during the interview. This person can be a parent, guardian, or another responsible adult to support the suspect.
6.After the Interview
Once the interview concludes:
- **Review of the Interview**: The officers will review the interview, often in consultation with the Crown Prosecution Service (CPS), to decide whether charges should be brought based on the evidence.
Charges or Release: After reviewing the evidence, the suspect may:
Be charged with a crime if sufficient evidence exists.
Be released under investigation (RUI) while further inquiries take place.
- Be released without charge if there is insufficient evidence.
7. Written Record and Transcript
The suspect and their legal representative will be provided with a **copy of the recorded interview** and, if necessary, a written transcript. This ensures that both sides have access to the same information for any future legal proceedings.
Legal representation: The suspect has the right to a solicitor throughout the process.
Interview recording**: All interviews must be recorded to ensure transparency.
Right to remain silent**: While silence may be used against the suspect, they still have the right not to answer questions.
Caution: Ensures the suspect knows their rights before any questioning begins.
These procedures are designed to ensure that police interviews are conducted fairly and lawfully, safeguarding the rights of the suspect while allowing the police to gather necessary evidence.