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Pace Codes Interviews And Identification Notes

BPTC Law Notes > Criminal Evidence Notes

This is an extract of our Pace Codes Interviews And Identification document, which we sell as part of our Criminal Evidence Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Evidence Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PACE CODES INTERVIEWS Code C "Interview" - Questioning of Defendant regarding involvement/suspected involvement in a criminal offence

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must be carried out under caution

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must inform Defendant of the nature of the offence he is suspected of

Interview conducted by s34(4) - Police Officer or person charged with the duty of investigating offences or charging offenders Caution Defendant must be cautioned before any questions/further questions are put to him for Defendant's answers/silence to be given in evidence. Should be given again on recommencement of interview and where any doubt. Caution: You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Wording does not need to be exact, but sense must be purveyed When:

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Interview after charge, or

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Interview after refusing access to a solicitor

Only "You do not have to say anything but anything you do say may be given in evidence" - as cannot make adverse inferences under s34, 36, 37 Criminal Justice and Public Order Act 1994 Where Interviewed Once decided to arrest Defendant, may only be interviewed at Police Station/other authorised place of detention.

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Therefore, once decide to arrest, must take to police station, not delay arresting to ask Qs

May Q at another place if delay (in taking Defendant to Police Station) would be likely to:

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lead to interference/harm to evidence connected with the offence,

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lead to interference/harm to other persons,

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lead to serious loss/damage to property,

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lead to alerting of other suspects not yet arrested, or

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hinder recovery of property obtained by the offence.

Special Warnings If Defendant asked to account for substance, mark, presence at place he was arrested - must give special warning. Adverse inferences from failure to answer questions may not be drawn if:

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no special warning given, or

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Defendant requested access to solicitor which was denied.

Advising on Availability of Legal Advice Unless delaying access to legal advice has been authorised, before interview Police Officer must inform Defendant of his right to legal advice and that the interview can be postponed for him to exercise that right. Significant Statements/Silences If police heard Defendant make a significant statement/significant silence, must put this to Defendant first after cautioning him.

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If interview at police station/other authorised place.

"significant statement":

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appears capable of being used as evidence against Defendant (eg. confession),

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but does not form part of the offence charged.

"significant silence" - failure to answer a question which may lead to adverse inferences Conduct of the Interview No oppression

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Questioning continuing after repeated denials may be oppressive

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hectoring and bullying throughout interview may be oppressive

Must not indicate to Defendant what will happen if refuses to answer any questions.

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If Defendant asks - Police Officer may inform Defendant of proposed action if that action is proper and warranted.

Should not induce (bribe) Defendant to admit guilt by offering lenient penalty. May ask hypothetical questions - approach with care Positive duty not to actively mislead Defendant, but not every trick will result in exclusion of evidence. Interview should Cease When Interviewing Police Officer satisfied that:

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all questions he considers relevant to obtaining accurate and reliable information about the offence have been put to Defendant,

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he believes there is sufficient evidence to provide a realistic prospect of conviction (ie. sufficient to charge), and

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Defendant has said all that he wishes to say.

Therefore questioning may only last while there is not sufficient information/evidence to charge. Recording Interviews Must normally be contemporaneously recorded.

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Interviews at Police Station over indictable offence - usually audio-recorded

Recording Relevant Comments Any comments (relevant to offence) made by Defendant outside the interview (whether solicited or not) must be recorded and, where practicable, Defendant must be given the opportunity to verify the record Special Categories of Persons Interviewee is a Juvenile, Mentally Disordered Person, Vulnerable Person Must not be interviewed or asked to provide or sign a written statement in the absence of an appropriate adult

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appropriate adult to be reminded of functions as adviser, observer and facilitating communication

unless:

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conditions for interview away from Police Station are satisfied, or

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interview authorised by Police Officer minimum rank superintendent

Juvenile Juvenile may only be interviewed at school ("place of education") in exceptional circumstances and authorised by principal/nominee and parents should be notified. Interviewee Deaf or Doubt about his Speaking/Hearing Ability Must not be interviewed in absence of interpreter unless:

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agrees in writing, or

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conditions for conducting interview away from Police Station are satisfied, or

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interview authorised by Police Officer minimum rank superintendent

Similar conditions where interviewee have difficulty understanding English If interview recorded in writing and interviewee cannot read, record must be read to interviewee and he should be asked to verify it. Intoxicated Persons

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