POLICE conduct, misconduct, behaviour during interviews
CONDUCT IN THE INTERVIEW / BEHAVIOUR
Conduct in the interview:
Code C Para 11.5 ‘No interviewer may try to obtain answers or elicit a statement by the use of oppression.’ ‘Oppression’
might occur if the interviewing officer:
(a) raises his voice or shouts at the suspect;
(b) makes threatening gestures towards the suspect;
(c) leans towards the suspect so that he is ‘in the suspect’s face’;
(d) stands over or behind the suspect; or
(e) threatens to detain the suspect indefinitely unless he makes a confession.
S58 and Code C breach D denied legal advice. For this reason to exclude the confession – must be a causal link between
the confession and lack of legal advice and has the legal advice been allowed, D would not have confessed.
Para 11.5 states that ‘no interviewer shall indicate, except to answer a direct question, what action will be taken by the
police if the person being questioned answers questions, makes a statement or refuses to do either’.
para 6ZA of the Notes for Guidance to Code C No police officer shall indicate to a suspect, except to answer a direct
question, that the period of detention or period of the interview would be reduced if the suspect did not ask for a solicitor or
have a solicitor present, or if the suspect has asked for legal advice or asked for a solicitor to be present when interviewed,
but changes their mind and agrees to be interviewed without waiting for a solicitor.
Para 11.6 The interview must cease when the officer in charge of the investigation is satisfied all the questions they
consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect.
Code C para 12.2 In any period of 24 hours the suspect must be given a continuous period of at least eight hours for rest.
This period will usually be at night and must be free from questioning or any other interruption in connection with the
offence
Code C para 12.8 breaks from interviews should take place at recognised meal times, and short refreshment breaks
should be taken at approximately two-hour intervals.
CODE C Para 6
o 6.4 – no police should say anything to dissuade a person to not obtain legal advice (‘waiting for a solicitor will mean
you staying here even longer’)
o 6.6 – if suspect wants legal advice – interview should stop for this to be obtained ‘I want a solicitor if I’m staying her
any longer’)
o 6.6d – if suspect changes mind and wants solicitor – interview should be stopped. Even if D says ‘no let’s carry on’ it
should still be stopped for interviewing and custody officer to discuss this.
CODE C Para 11
o Failing to make an accurate record of the defendant’s comments – Code C para 11.7(a)
o 11.2 – must be told D is able to obtain free legal advice.
o Failing to give the defendant an opportunity to view the record of their comments and to sign the record / dispute
the record – Code C para 11.11
o Failing to put the defendant’s admission or confession to the defendant at the start of any subsequent interview at
a police station – Code C para 11.4
o 11.18B – Police officer interviewing and custody officer – should have discussed if D is fit to interview –
drunk/illness…
o 11.5 – police should not indicate what would happen if D asks questions about giving a confession.
o Para 11.18(b) of code C – suspects who, at the time of the interview, appear unable to:
a. Appreciate the significance of questioning or their answers, or
b. Understand what is happening because of the effects of drink, drugs, or any illness ailment or condition.
Should not generally be interviewed.
o come off it – a big bloke like you…you smell like alcohol’ – indication of suspects drunkenness = Not fit to
interview so shouldn’t have been in the first place.
Other comments:
+swearing at suspect is not very professional
+ ‘so why would these 2 witnesses say different’ – inappropriate: it is not for D to work this out.
CONDUCT IN THE INTERVIEW / BEHAVIOUR
Conduct in the interview:
Code C Para 11.5 ‘No interviewer may try to obtain answers or elicit a statement by the use of oppression.’ ‘Oppression’
might occur if the interviewing officer:
(a) raises his voice or shouts at the suspect;
(b) makes threatening gestures towards the suspect;
(c) leans towards the suspect so that he is ‘in the suspect’s face’;
(d) stands over or behind the suspect; or
(e) threatens to detain the suspect indefinitely unless he makes a confession.
S58 and Code C breach D denied legal advice. For this reason to exclude the confession – must be a causal link between
the confession and lack of legal advice and has the legal advice been allowed, D would not have confessed.
Para 11.5 states that ‘no interviewer shall indicate, except to answer a direct question, what action will be taken by the
police if the person being questioned answers questions, makes a statement or refuses to do either’.
para 6ZA of the Notes for Guidance to Code C No police officer shall indicate to a suspect, except to answer a direct
question, that the period of detention or period of the interview would be reduced if the suspect did not ask for a solicitor or
have a solicitor present, or if the suspect has asked for legal advice or asked for a solicitor to be present when interviewed,
but changes their mind and agrees to be interviewed without waiting for a solicitor.
Para 11.6 The interview must cease when the officer in charge of the investigation is satisfied all the questions they
consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect.
Code C para 12.2 In any period of 24 hours the suspect must be given a continuous period of at least eight hours for rest.
This period will usually be at night and must be free from questioning or any other interruption in connection with the
offence
Code C para 12.8 breaks from interviews should take place at recognised meal times, and short refreshment breaks
should be taken at approximately two-hour intervals.
CODE C Para 6
o 6.4 – no police should say anything to dissuade a person to not obtain legal advice (‘waiting for a solicitor will mean
you staying here even longer’)
o 6.6 – if suspect wants legal advice – interview should stop for this to be obtained ‘I want a solicitor if I’m staying her
any longer’)
o 6.6d – if suspect changes mind and wants solicitor – interview should be stopped. Even if D says ‘no let’s carry on’ it
should still be stopped for interviewing and custody officer to discuss this.
CODE C Para 11
o Failing to make an accurate record of the defendant’s comments – Code C para 11.7(a)
o 11.2 – must be told D is able to obtain free legal advice.
o Failing to give the defendant an opportunity to view the record of their comments and to sign the record / dispute
the record – Code C para 11.11
o Failing to put the defendant’s admission or confession to the defendant at the start of any subsequent interview at
a police station – Code C para 11.4
o 11.18B – Police officer interviewing and custody officer – should have discussed if D is fit to interview –
drunk/illness…
o 11.5 – police should not indicate what would happen if D asks questions about giving a confession.
o Para 11.18(b) of code C – suspects who, at the time of the interview, appear unable to:
a. Appreciate the significance of questioning or their answers, or
b. Understand what is happening because of the effects of drink, drugs, or any illness ailment or condition.
Should not generally be interviewed.
o come off it – a big bloke like you…you smell like alcohol’ – indication of suspects drunkenness = Not fit to
interview so shouldn’t have been in the first place.
Other comments:
+swearing at suspect is not very professional
+ ‘so why would these 2 witnesses say different’ – inappropriate: it is not for D to work this out.
