Interviews
Defined in Code C as the “questioning of a person regarding their involvement or suspected
involvement in a criminal offence or offences, which must be carried out under caution”.
A caution is not necessary if questions are for other purposes, such as solely to establish
ownership of a vehicle, to obtain information in accordance with a statutory requirement e.g
under RTA 1988, 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) or to seek verification of a written record of
comments made by the person outside an interview.
Questioning of a person in circumstances where a caution does not have to be administered
does not amount to an interview for the purposes of Code C. Conversely, questioning of a
person about an offence of which there are grounds to suspect him will amount to an
interview even if he has not been arrested.
Where an Interview may be conducted
Following a decision to arrest a suspect, he must normally be interviewed only at a police
station or other authorised place of detention. The requirement that an interview be
conducted at a police station is subject exception where delay would be likely to (a) lead to
interference with or harm to evidence connected with an offence, interference with or
physical harm to other persons, or serious loss of, or damage to property or (b) lead to the
alerting of other persons suspected of having committed an offence but not yet arrested for
it; or (c) hinder the recovery of property obtained in consequence of the commission of an
offence.
Interviewing in any of these circumstances must cease once the relevant risk has been
averted or the necessary questions have been put to avert the risk.
PACE 1984 s39 makes provision enabling persons in police detention to be interviewed by
an officer who is not at the police station using live link.
Cautions and Special Warnings
A caution must be administered at the commencement of an interview as defined in Code C,
whether or not it is conducted at a police station. The suspect must be reminded he is under
caution at the recommencement of an interview after any break. Minor deviation from the
caution words is permissible provided that the sense of the caution is preserved. Where a
translator is used the fact it is not perfectly invalid will not render it invalid provided that the
essential features are adequately conveyed.
Whether there are sufficient grounds for a caution to be administered is an objective
question, and does not simply depend on how the police officer regarded the matter. Failure
to administer a caution in circumstances where it is required is a significant and substantial
breach of Code C, although it will not necessarily result in exclusion of evidence of the
interview.
Whenever a person is interview he and his sol must be given before the interview sufficient
info to make it possible to understand the nature of the suspected offence and why the
person is suspected of committing it. E.g where a suspect arrested for theft and wasn’t told
victim had died, he made admissions and it was held that these should have been excluded.
In addition to the caution, where a suspect is interviewed at a police station or other
authorised place of detention following arrest and: (a) is asked to account for any object,
, mark, substance etc found on him or clothing or in the place he was arrested; or (b) to
account for his presence at the place where he was arrested, a special warning must be
given. Inferences cannot be drawn if the warning is not given. The requirement to give a
special warning does not apply where the person who has requested a solicitor is
interviewed without having been given an opportunity to consult him, since inferences from
refusal or failure to account cannot be drawn.
Information about Legal Advice
Prior to the commencement or recommencement of an interview at a police station or other
authorised place of detention, the interviewing officer must, unless access to a sol has been
delayed or one of the exceptions applies, remind the suspect of his entitlement to free legal
advice and that the interview can be delayed for legal advice to be obtained. Violation of a
suspect’s entitlement to legal advice may lead to the exclusion of evidence.
Significant Statement or Silence
At the beginning of an interview, the IO must, after cautioning the suspect, put to him any
significant statement or silence which occurred in the presence and hearing of a police
officer. A significant statement is one which appears to be capable of being used in
evidence, and in particular a direct admission of guilt. It does not include what the suspect is
alleged to have said as part of the conduct constituting the offence. A significant silence is a
failure or refusal to answer a question when under caution which might give rise to adverse
inferences.
Conduct of the Interview
No police officer may try to obtain answers to questions by the use of oppression, or indicate
except in answer to a direct question what action the police will take if the suspect answers
or refuses to answer. The proposed action must be proper and warranted.
It has been held to be legitimate for police officers to pursue their interrogation of a suspect
with a view to eliciting admissions even where the suspect denies involvement in the offence
or declines to answer specific questions. It has been held that a confession should be
excluded where the police falsely informed D that fingerprints had been found. There is a
positive duty on the police not to actively mislead a suspect.
The asking of hypothetical questions is permissible. Police questioning which carries on after
repeated denials or refusals may become oppressive.
When interviews should cease
The interview of a person who has not been charged or informed that he may be prosecuted
must cease when the officer in charge of the investigation is satisfied that all the questions
he considers relevant have been put, the officer has taken account of other available
evidence and he reasonably believes there is sufficient evidence to provide a realistic
prospect of conviction. (all subject to the limits under PACE).
PACE s37(7) provides that where the custody officer determines that he has before him
sufficient evidence to charge, he must do so, which would normally preclude further
interviewing.
Recording of Interviews
Defined in Code C as the “questioning of a person regarding their involvement or suspected
involvement in a criminal offence or offences, which must be carried out under caution”.
A caution is not necessary if questions are for other purposes, such as solely to establish
ownership of a vehicle, to obtain information in accordance with a statutory requirement e.g
under RTA 1988, 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) or to seek verification of a written record of
comments made by the person outside an interview.
Questioning of a person in circumstances where a caution does not have to be administered
does not amount to an interview for the purposes of Code C. Conversely, questioning of a
person about an offence of which there are grounds to suspect him will amount to an
interview even if he has not been arrested.
Where an Interview may be conducted
Following a decision to arrest a suspect, he must normally be interviewed only at a police
station or other authorised place of detention. The requirement that an interview be
conducted at a police station is subject exception where delay would be likely to (a) lead to
interference with or harm to evidence connected with an offence, interference with or
physical harm to other persons, or serious loss of, or damage to property or (b) lead to the
alerting of other persons suspected of having committed an offence but not yet arrested for
it; or (c) hinder the recovery of property obtained in consequence of the commission of an
offence.
Interviewing in any of these circumstances must cease once the relevant risk has been
averted or the necessary questions have been put to avert the risk.
PACE 1984 s39 makes provision enabling persons in police detention to be interviewed by
an officer who is not at the police station using live link.
Cautions and Special Warnings
A caution must be administered at the commencement of an interview as defined in Code C,
whether or not it is conducted at a police station. The suspect must be reminded he is under
caution at the recommencement of an interview after any break. Minor deviation from the
caution words is permissible provided that the sense of the caution is preserved. Where a
translator is used the fact it is not perfectly invalid will not render it invalid provided that the
essential features are adequately conveyed.
Whether there are sufficient grounds for a caution to be administered is an objective
question, and does not simply depend on how the police officer regarded the matter. Failure
to administer a caution in circumstances where it is required is a significant and substantial
breach of Code C, although it will not necessarily result in exclusion of evidence of the
interview.
Whenever a person is interview he and his sol must be given before the interview sufficient
info to make it possible to understand the nature of the suspected offence and why the
person is suspected of committing it. E.g where a suspect arrested for theft and wasn’t told
victim had died, he made admissions and it was held that these should have been excluded.
In addition to the caution, where a suspect is interviewed at a police station or other
authorised place of detention following arrest and: (a) is asked to account for any object,
, mark, substance etc found on him or clothing or in the place he was arrested; or (b) to
account for his presence at the place where he was arrested, a special warning must be
given. Inferences cannot be drawn if the warning is not given. The requirement to give a
special warning does not apply where the person who has requested a solicitor is
interviewed without having been given an opportunity to consult him, since inferences from
refusal or failure to account cannot be drawn.
Information about Legal Advice
Prior to the commencement or recommencement of an interview at a police station or other
authorised place of detention, the interviewing officer must, unless access to a sol has been
delayed or one of the exceptions applies, remind the suspect of his entitlement to free legal
advice and that the interview can be delayed for legal advice to be obtained. Violation of a
suspect’s entitlement to legal advice may lead to the exclusion of evidence.
Significant Statement or Silence
At the beginning of an interview, the IO must, after cautioning the suspect, put to him any
significant statement or silence which occurred in the presence and hearing of a police
officer. A significant statement is one which appears to be capable of being used in
evidence, and in particular a direct admission of guilt. It does not include what the suspect is
alleged to have said as part of the conduct constituting the offence. A significant silence is a
failure or refusal to answer a question when under caution which might give rise to adverse
inferences.
Conduct of the Interview
No police officer may try to obtain answers to questions by the use of oppression, or indicate
except in answer to a direct question what action the police will take if the suspect answers
or refuses to answer. The proposed action must be proper and warranted.
It has been held to be legitimate for police officers to pursue their interrogation of a suspect
with a view to eliciting admissions even where the suspect denies involvement in the offence
or declines to answer specific questions. It has been held that a confession should be
excluded where the police falsely informed D that fingerprints had been found. There is a
positive duty on the police not to actively mislead a suspect.
The asking of hypothetical questions is permissible. Police questioning which carries on after
repeated denials or refusals may become oppressive.
When interviews should cease
The interview of a person who has not been charged or informed that he may be prosecuted
must cease when the officer in charge of the investigation is satisfied that all the questions
he considers relevant have been put, the officer has taken account of other available
evidence and he reasonably believes there is sufficient evidence to provide a realistic
prospect of conviction. (all subject to the limits under PACE).
PACE s37(7) provides that where the custody officer determines that he has before him
sufficient evidence to charge, he must do so, which would normally preclude further
interviewing.
Recording of Interviews
