Suspect Interview Skills PDF

OFFICIAL Unit 4 Lesson 12...

OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Lesson Aim: The learner will be able to plan and conduct a suspect interview Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- As a police officer it is your job to ask questions while carrying out investigations 1. Explain the principles of investigative into crimes and offences. You will obtain interviewing accurate and reliable accounts from victims, witnesses or suspects about matters under 2. Identify and explain the stages of the PRICE police investigation. As an investigator you model for suspect interviews must act fairly when questioning victims, witnesses or suspects in particular taking vulnerabilities into account. You must always approach interviews with an investigative mind-set. Accounts obtained from the person should always be tested against what the interviewer already knows or what can be reasonably established. When interviewing, investigators are free to ask a wide range of questions in order to obtain material which may assist an investigation. Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent, even when the right of silence is exercised by a suspect, investigators have a responsibility to ask questions. 1 th Amended 25 April 2024 v.3 OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills The Investigative Process The stages to an investigative process are:- Gather, assess and evaluate facts and information obtained Identify the degree of confidence for each fact or piece of information held Identify the points that need to be proven and identify any gaps in the investigation Identify any information requiring verification Plan and prepare the interview Collect information by interview Analyse and evaluate any fresh information gained from the interview against information gained from other sources Integrate the fresh information into the overall investigation Make decisions related to the status of the suspect P.R.I.C.E. Model for Suspect Interviews Let’s have a look at the P.R.I.C.E. guide to interviewing suspects:- Preparation and planning Rapport building Information gathering Clarifying and confirming content Evaluating - Challenges It is important to stress that it is NOT the purpose of an interview to extract a confession from your suspect. The purpose of a suspect interview is to gather information. It allows a suspect to give their account of the event and to respond to the questions/challenges posed to them by the interviewer. 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Preparation The success or failure of your interview is likely to be dependent on the quality of the preparation and planning that has taken place in advance. With all interviews it is essential that you are in possession of as many pertinent facts as possible. Meticulous care in collecting all the available information from all sources before the interview allows you to probe key areas for as much detail as possible and be prepared for any eventualities which may arise. Areas that can be considered for the interview include:- 1. Law related to the crime 2. Information concerning the crime 3. Information regarding the suspect 4. The law and guidelines concerning the conduct of the interview The law related to the crime under investigation will provide information regarding the nature of the crime and the points which have to be proven to demonstrate that the crime has occurred. This is also a valuable guide to the interviewer as to what is required from the investigation to confirm that the suspect has a case to answer. Information concerning the offence will come from investigations at the scene of the crime, any productions seized, statements made by witnesses or victims and other suspected persons. The more information you have regarding the case under review the more chance you will have of a successful interview. You should always consider that if the evidence is weak or considered insufficient then you should think very carefully about whether the interview should take place at this time. 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills The following information about the suspect may be relevant to the interview:- Personal background information - age, marital status, employment, educational background, financial situation, home life, etc. Physical and mental condition - Consider any medical issues such as a heart condition or diabetes, alcohol or drug addiction or any other medical condition Attitude towards the police Relationship with the victim or other witnesses Incriminating facts or possible motives Any statements made or behaviour displayed at the time of arrest or whilst in custody which appears relevant Previous involvement with the police Ability or opportunity to commit the crime The law and guidelines relating to the conduct of the interview should always be adhered to:- No lies can be told No inducements made No threats made or oppressive behaviour Remember:- the force guidelines regarding the interviewing of suspects which also includes the admissibility of questions posed. 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Preparation also involves ensuring the interview environment is suitable. This requires an officer to consider the following:- confirm lead officer and corroborating officers’ roles and responsibilities time and location of Interview other persons required to be present, e.g. Solicitor, Appropriate Adult, Interpreter religious/cultural/vulnerability considerations availability of refreshments set up of Interview Room e.g. number of chairs production availability if required to be shown equipment in working order (If applicable) custody staff appraised of proposed interview ensure suspect deemed fit for interview (Utilise FME/PCS) with any required swabs/samples also obtained is there any requirement to seize any property from the suspect, e.g. clothing, mobile phone Planning Poor planning is blamed on a number of factors. Here are some of the excuses:- 1. "I didn't have enough time." 2. "I had insufficient information - I was poorly briefed." These excuses are not acceptable. Lack of time often means poor time management. You should prepare in advance. 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills When planning your interview, you should consider the following:- Research the offence(s) the suspect is to be interviewed for Identify the points to prove and set interview objectives Identify what more needs to be known and may be achievable by interviewing the suspect Identify possible defences that the suspect may offer List the known information concerning the suspect Identify what more needs to be known about the suspect Compile an interview plan using the PRICE model (detailed below) Rapport The establishment of relationships at the commencement of interview is an important ingredient in its success. The rapport building stage begins the moment the interviewer meets the suspect, whether they are arrested or simply calls at the police station. There is a need for police officers and staff to develop, through good communication, constructive and professional relationships with Solicitors. An appreciation of each other’s role is important. Rapport building with Solicitors in the early stages of an investigation is essential to ensure cooperation at each stage throughout the interview process and may work to your advantage as the procedure develops both now and in future cases. Displaying a professional and competent manner, combined with a caring and animated approach, will at least give the right signals to the suspect. Use of tone of voice, non- verbal communication and a positive conversational style will make the suspect more at ease and more responsive. When an accused has been arrested Section 1 of the Criminal Justice (S) Act 2016 the standard caution will be administered and the general nature of offence and reason for arrest will be provided. 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills On arrival at the police office the suspect must be made aware of his or her rights, including the right to solicitor access. Irrespective of the number of occasions on which a suspect is cautioned, if he or she is denied solicitor access other than in truly exceptional and compelling circumstances, any information gained during an interview is likely to be considered inadmissible in any court proceedings. Disclosure to Solicitors Initial contact with Solicitors is very likely to be by telephone and will be facilitated by the Police. The Criminal Justice (Scotland) Act 2016 provides that Constables must make certain information available to Solicitors in terms of:- Name, Date of Birth and Address of person in police custody. If they are a child, subject to supervision, have mental health difficulties or meet the requirements for the Children and Young People (Scotland) Act 2014 this must be highlighted. Whether the person is arrested as Officially Accused, Not Officially Accused or attending at a police station voluntarily. Nature of the Offence Police Station details and telephone number Time of Arrest Time of completion of PIRoS form National Custody System (NCS) reference number Any vulnerabilities of the person in police custody Any reason which may prevent a consultation when the solicitor calls back, i.e. medical assessment, illness, intoxication, requirements for interpreter or appropriate adult, etc. There may be occasions when additional information can be disclosed to a solicitor, however this should only be disclosed after careful planning and preparation, wholly dependent on the specific circumstances relating to the crime being investigated. It should be noted that no ‘Specialist Knowledge’ should be released to a solicitor unless there are again specific reasons for doing so. Neither of the above should be facilitated prior to consultation with an officers supervisors. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Information Gathering When starting an interview, the lead officer should state the time date and location of the interview. He also should note persons present and also the reason for the interview. Prior to the interview commencing you must read over with the suspect the PIROS form that was completed when being processed at the custody suite. The suspect should be asked to confirm the replies provided when initially answering the question on the PIROS form. At this stage, the common law caution should be administered to the suspect which must include the crime being investigated, for example:- Q. “You are going to be asked questions about an Assault to Severe Injury of a female which took place on Monday 1st March 2020 at the play park, Culzean Gardens Brookbank. You are not obliged to say anything but anything you do say will be noted and may be used in evidence. Do you understand?” A. “Yes” At this point the officer should ensure that the accused clearly understands the caution and what it means. This can be achieved by asking the accused to explain the caution in their own words. It is important that the accused understands their right to silence/no comment and that anything they do say can be used in any Criminal Justice proceedings. 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills The interview should now commence with the use of an Impact Question, for example:- Q. “Tell me about your involvement in the Assault to Severe Injury of a female which took place about 1505 hours on Monday 1st March 2020 at the play park, Culzean Gardens Brookbank.” By asking this question at the beginning of the interview you are giving the suspect the opportunity to account for his actions right away. In some cases, the suspect may begin to tell you what you want to know and thereafter you can ask questions to amplify and clarify the information. Information Gathering - Questioning phase Information gathering tends to consist of two phases:- 1. “Suspect's agenda" 2. “Police agenda" Suspect Agenda The suspect's agenda relates to topics which the suspect is prepared to speak about concerning the incident. It is for the interviewer to ask the suspect questions to provide their version of events and to account for their actions, if they are willing to. The suspect may not have provided any response to the caution or impact question, however it is the responsibility of the interviewer to continue to ask questions of the suspect and attempt to engage the suspect. If there is no response to the impact question, the interviewer should start by asking the suspect for a free recall of their movements for the day/time in question that you wish to probe, for example:- “Tell me everything that you did on Saturday 9th January 2021, from when you got up until you went to bed that night?” 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Depending on the suspects’ response, it will be the interviewers responsibility to probe the information provided, using the appropriate questions styles. Examples of areas to probe and ask questions of include:- Clothing worn (What did you wear that day?) Movements that day (Where did they go? What did they do?) Places frequented (Shops, Pubs, Restaurants) Witnesses (Who did they speak to? What did they speak about?) Telecoms (Mobile - Calls made? Texts sent?) Transport (Vehicles, Buses, Trains) Antecedents (Hobbies, Associates, Employment, Health) The interviewer should allow the suspect to tell their story, get them talking and keep them talking. Note:- The information obtained within the suspect agenda should NOT include any evidential information that has not previously been introduced to the interview by the suspect. If for example, a suspect provides information with regards to a motor vehicle used in the connection of a crime, then the interviewer is entitled to ask further questions with regards to that vehicle. If the motor vehicle was NOT introduced during the suspect agenda, then the interviewer should utilise this area of questioning within the police agenda. Rather like a witness interview the suspect should be allowed to speak without interruption to give their version of events. The interviewer should identify areas which need probing in detail although every piece of information given by the suspect must be tested by probing questioning. The suspect should be encouraged by nonverbal indicators, good listening and suitable prompts to keep talking. 10 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Police Agenda The police agenda relates to topics which the interviewer wants to ask questions about, to explore the evidential material obtained during the investigation. It will be approached in a chronological order, before, during and after (B/D/A) where the interviewer will identify the appropriate time scales for the questioning. The interview is however always fluid and is dependent on the type of response provided by the suspect. The BEFORE section of the plan will cover topics including:- Time Parameters (Lead up to the During section) Movements Prior to incident (Were you at xxx? Were you within xxx?) Clothing worn (Did you have on xxx?) Witness (Did you speak to xxx? Did you approach xxx?) The DURING section of the plan will cover topics including:- Movements (Exact movements when crime took place) Essential Elements/Modus Operandi of the Crime, for example; Did you assault ‘xx’? Did you punch ‘xx’? Did you use your right hand to punch ‘xx’? Did you use your right hand to punch ‘xx’ 3 times to the face? Clothing (Did you have on ‘xx’?) Telecoms (Did you call xxx? Did you text ‘xx’?) Transport (Did you get into MV VRM ‘xx’? Did you get onto bus # 125?) Injuries (Did you have a cut to your right hand?) 11 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills The AFTER section of the plan will cover topics including:- Movements (Did you go to ‘xx’ after it? Did you run up high street and onto George Street?) Actions (Did you dump the bag in the bin? Did you throw contents of the bag into the river?) Clothing (Did you change your clothing? Did you thereafter have on ‘xx’?) Witnesses (Did you attend to the petrol station in Kincardine to buy ‘xx’? Did you speak to ‘xx’ about what had occurred? What did you tell them?) An officer should always be aware of interviewer bias. The interviewer should not have preconceived ideas as they defeat the purpose of the interview. Never forget - the suspect may be innocent. It must be now confirmed during the Confirm and Clarify phase (Yes/No Spiral). One of the overriding rules regarding suspect interviewing is that you must not challenge suspected inconsistencies at that time. A suspect should be allowed the opportunity to provide their version of events. Confirm and Clarify The interviewer should now progress to ensure that they clarify critical aspects of the suspects’ account. An officer should not challenge inconsistencies, but allow them to be confirmed. An interviewer should ensure that there is no misunderstanding, no opportunity to challenge misunderstanding post interview or denial of what has been said during the interview. The suspect has now given an explanation and committed themselves to it. 12 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills To confirm the critical aspects of a suspect’s account, they are reiterated using the “YES/NO SPIRAL” using closed questions, causing the suspect to re-affirm or deny all the important points, by repeating their original answers to seek confirmation or denial for example:- Q. “You said you were there at ten o’clock. Is that correct?” A. “Yes” Q. “You said you went there alone. Is that correct?” A. “Yes” An interviewer should explain to a suspect the expectations of the clarification stage of the interview. The suspect should be informed that they should only reply with a Yes or No answer to the clarification questions posed to them. The Yes/No Spiral should:- be Clear and Concise NOT cover every single question asked and its subsequent answer if not relevant contain the points you know you will include in challenges Evaluation - Challenges Now is the time to review the information given by the suspect. The interviewer should examine it in the light of the other evidence available. Present what has been said to the suspect, reiterate the evidence and seek rational explanations for any discrepancies. Presentation of investigative material:- It must be Impactive It must not be Opinion It must be Structured It must be capable of being used in court 13 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Should what the suspect has said be inconsistent with the evidence, the interviewer should point the inconsistencies out. A challenge to a suspect can be presented for example as follows:- A witness has seen a male matching your description grabbing a female from behind and forcibly pulling her handbag from her grasp. Explain this! A further witness has identified you as being at the rear of the store emptying the contents of this bag. Explain this! CCTV has been recovered from the store which clearly shows you at the rear of this building emptying out the contents of this bag, before discarding it. Explain this! Further examples of Investigative Material for Challenges:- Witness Accounts Forensic Productions CCTV ANPR Digital Images Telecoms Victim Injuries By using the term ‘Explain this’, it allows the suspect an opportunity to provide an explanation and this may open up new lines of investigation. By doing so, you are being seen to be fair to the suspect by giving them every opportunity to account for their actions and any inconsistencies. Should a suspect make any admissions, it is not sufficient evidence on its own. The officer must use the same amount of effort to prove that what they have said can be supported by evidence. Any inconsistencies must be probed with the same degree of effort as if they had denied the offence. 14 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills Having completed the logical interview sequence, and with all information obtained during the course of the overall enquiry, a decision would now be made as to the status of the suspect and any further action required. Interviewing officers may find that the suspect has provided information that could be further investigated. Where possible, enquiries made in respect of this information, should be conducted before proceeding to charge. Having the fullest possible picture will allow the interviewer to choose the correct course of action. 15 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 12 Suspect Interview Skills For further information, use the resources shown below:- Legal Database:- Police Powers and Duties - Police Powers - Arrest and Custody Review: You can explain the principles of investigative interviewing You can explain each element of the PRICE model Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 16 Scots Criminal Law: Introduction and Investigation OFFICIAL