Syllabus 2.1- Code of Practice
PACE
Unit
Unit 5 Unit 6
No.
D1.1 (first sub-paragraph ending “... for the treatment of
Sections identification evidence at trial.” and last
sub-paragraph beginning “A failure by a police officer ...”)
general consideration of police powers
in the investigation of crime
D1.1 Police Powers in the Investigation of a Crime
PACE 1984 governs police powers of investigation incl:
Arrest
Detention
Interrogation
entry and search of premises
personal search
the taking of samples and various procedures for identification
Failure to comply with the Codes do not render the police liable to
criminal or civil proceedings in itself (PACE 1984, s. 67(10))
however, Codes are admissible as evidence in criminal or civil
proceedings where relevant (PACE 1984, s. 67(11))
Syllabus 2.1- Code of Practice PACE 1
, Syllabus 2.2- interrogation of
suspects
Unit No. Unit 5 Unit 6
Sections D1.81-D1.92
interrogation of suspects
D1.80 Interrogation of Suspects
Interrogation of suspects governed partly by common law and partly by
PACE Code C
Code C (principally ss. 10,11,12) contains:
Rules regarding the treatment of persons who are being questioned
The questioning itself
Rules regarding the physical conditions and treatment of detainees in
police station interviews (s. 12 specifically)
Other aspects and their governing codes:
Audio-recording (Code E)
Visual recording with sound (Code F)
interviews generally:
definition of interview
D1.81 Definition of Interview
Code C, para. 11.1A: ‘the 'questioning of a person regarding their
involvement or suspected involvement in a criminal offence or offences
which, under para. 10.1, must be carried out under caution'.
Syllabus 2.2- interrogation of suspects 1
, Para 10.1: a person who is suspected of an offence with grounds must be
cautioned before questions are put to them if the suspect’s answers or
lack thereof can be given in evidence to court in a prosecution
Caution is not necessary if the questions are for other purposes:
solely to establish their identity or ownership of any vehicle;
to obtain information in accordance with a statutory requirement, e.g.,
under the RTA 1988, s. 165 (NB: statutory drink-driving procedure is not
an interview: DPP v D (a Juvenile) (1992) 94 Cr App R 185);
in furtherance of the proper and effective conduct of a search (although
if questioning goes further, e.g., to establish whether drugs found were
intended to be supplied to another, a caution will be necessary: Langiert
[1991] Crim LR 777; Khan [1993] Crim LR 54; Raphaie [1996] Crim LR
812); or
to seek verification of a written record of comments made by the
person outside an interview.
Questioning of a person where caution need not be administered does not
amount to an interview under Code C.
Questioning of a person about an offence of which there are grounds to
suspect him of amounts to an interview under Code C even if the person
has not been arrested and no decision to arrest has been made
A person must be given a caution if they are being questioned about an
offence for which there are grounds to suspect them and other than that for
which they have been arrested.
where an interview may be conducted
D1.82 Where an Interview May be Conducted
General rules for interviews are in Code C, section 11
Code C, para 11.1:
the suspect must normally be interviewed only at a police station or
other authorised place of detention following the decision to arrest
Where a police officer has decided to arrest a person, the arrest should not
be delayed to question the suspect before doing so.
Syllabus 2.2- interrogation of suspects 2
, Code C, (para. 11.1): Interviews may be conducted elsewhere than at a
police station where a delay is likely to:
Cause harm or interference with evidence related to the offence, cause
physical harm or interference with other persons, or serious loss or
damage to property
Lead to other persons suspected of having committed an offence but
not yet arrested for it being alerted
Hinder the recovery of property obtained as a consequence of the
offence
Interviews in any such circumstances must stop once the risk has
been averted or necessary questions have been put to avert the risk
PACE 1984, s. 39: persons in police detention can be interviewed by an
officer who is not at a police station using a live link
PACE 1984, s. 39(E): definition of ‘live link’
PACE 1984, s. 39(3A): A custody officer can transfer or allow the
transfer of a detainee to a police officer for a live link interview
conducted by another officer in accordance with other Codes of
Practice in PACE.
An officer who is not at the police station has the same duty as the
officer to whom the person’s custody has been entrusted; goal is for
treatment in accordance with PACE 1984 and Codes of Practice
cautions and special warnings
D1.83 Cautions and Special Warnings
Code C, para 10.1: a caution must be administered at the start of the
interview (defined in Code C, para 11.1A) whether conducted at a police
station or not.
Code C, para 10.8: A suspect must be reminded that they are under
caution whenever proceedings recommence after a break and the caution
should be re-given in full if there is any doubt
Code C, para 10.4: Cautions must also be given on arrest
Code C, para. 10.5: A normal caution is as follows:
Syllabus 2.2- interrogation of suspects 3
PACE
Unit
Unit 5 Unit 6
No.
D1.1 (first sub-paragraph ending “... for the treatment of
Sections identification evidence at trial.” and last
sub-paragraph beginning “A failure by a police officer ...”)
general consideration of police powers
in the investigation of crime
D1.1 Police Powers in the Investigation of a Crime
PACE 1984 governs police powers of investigation incl:
Arrest
Detention
Interrogation
entry and search of premises
personal search
the taking of samples and various procedures for identification
Failure to comply with the Codes do not render the police liable to
criminal or civil proceedings in itself (PACE 1984, s. 67(10))
however, Codes are admissible as evidence in criminal or civil
proceedings where relevant (PACE 1984, s. 67(11))
Syllabus 2.1- Code of Practice PACE 1
, Syllabus 2.2- interrogation of
suspects
Unit No. Unit 5 Unit 6
Sections D1.81-D1.92
interrogation of suspects
D1.80 Interrogation of Suspects
Interrogation of suspects governed partly by common law and partly by
PACE Code C
Code C (principally ss. 10,11,12) contains:
Rules regarding the treatment of persons who are being questioned
The questioning itself
Rules regarding the physical conditions and treatment of detainees in
police station interviews (s. 12 specifically)
Other aspects and their governing codes:
Audio-recording (Code E)
Visual recording with sound (Code F)
interviews generally:
definition of interview
D1.81 Definition of Interview
Code C, para. 11.1A: ‘the 'questioning of a person regarding their
involvement or suspected involvement in a criminal offence or offences
which, under para. 10.1, must be carried out under caution'.
Syllabus 2.2- interrogation of suspects 1
, Para 10.1: a person who is suspected of an offence with grounds must be
cautioned before questions are put to them if the suspect’s answers or
lack thereof can be given in evidence to court in a prosecution
Caution is not necessary if the questions are for other purposes:
solely to establish their identity or ownership of any vehicle;
to obtain information in accordance with a statutory requirement, e.g.,
under the RTA 1988, s. 165 (NB: statutory drink-driving procedure is not
an interview: DPP v D (a Juvenile) (1992) 94 Cr App R 185);
in furtherance of the proper and effective conduct of a search (although
if questioning goes further, e.g., to establish whether drugs found were
intended to be supplied to another, a caution will be necessary: Langiert
[1991] Crim LR 777; Khan [1993] Crim LR 54; Raphaie [1996] Crim LR
812); or
to seek verification of a written record of comments made by the
person outside an interview.
Questioning of a person where caution need not be administered does not
amount to an interview under Code C.
Questioning of a person about an offence of which there are grounds to
suspect him of amounts to an interview under Code C even if the person
has not been arrested and no decision to arrest has been made
A person must be given a caution if they are being questioned about an
offence for which there are grounds to suspect them and other than that for
which they have been arrested.
where an interview may be conducted
D1.82 Where an Interview May be Conducted
General rules for interviews are in Code C, section 11
Code C, para 11.1:
the suspect must normally be interviewed only at a police station or
other authorised place of detention following the decision to arrest
Where a police officer has decided to arrest a person, the arrest should not
be delayed to question the suspect before doing so.
Syllabus 2.2- interrogation of suspects 2
, Code C, (para. 11.1): Interviews may be conducted elsewhere than at a
police station where a delay is likely to:
Cause harm or interference with evidence related to the offence, cause
physical harm or interference with other persons, or serious loss or
damage to property
Lead to other persons suspected of having committed an offence but
not yet arrested for it being alerted
Hinder the recovery of property obtained as a consequence of the
offence
Interviews in any such circumstances must stop once the risk has
been averted or necessary questions have been put to avert the risk
PACE 1984, s. 39: persons in police detention can be interviewed by an
officer who is not at a police station using a live link
PACE 1984, s. 39(E): definition of ‘live link’
PACE 1984, s. 39(3A): A custody officer can transfer or allow the
transfer of a detainee to a police officer for a live link interview
conducted by another officer in accordance with other Codes of
Practice in PACE.
An officer who is not at the police station has the same duty as the
officer to whom the person’s custody has been entrusted; goal is for
treatment in accordance with PACE 1984 and Codes of Practice
cautions and special warnings
D1.83 Cautions and Special Warnings
Code C, para 10.1: a caution must be administered at the start of the
interview (defined in Code C, para 11.1A) whether conducted at a police
station or not.
Code C, para 10.8: A suspect must be reminded that they are under
caution whenever proceedings recommence after a break and the caution
should be re-given in full if there is any doubt
Code C, para 10.4: Cautions must also be given on arrest
Code C, para. 10.5: A normal caution is as follows:
Syllabus 2.2- interrogation of suspects 3
