Embed Size (px)
Citation preview
Dealing with PACE Interviews
Matthew Breakell
Associate
Safety, Health and Environment
DAC Beachcroft Claims Ltd
Who are we and what do we do
National team, part of an international firm
Specialise in health and safety, food safety, environmental and other
regulatory work such as ORR
Examples of food manufacturing cases include:
Amputation injuries in food manufacturing processes
Operational / maintenance based injuries / fatalities
What we will cover
How do we get to a PACE interview
Options for dealing with a PACE interview
What does a PACE interview involve
You have a go
What happens after a PACE interview
How do we get to a PACE interview
An accident that’s being investigated or a risk arising
that is being investigated
Must be belief that a criminal offence may have been
committed
Individuals or organisations
Options for dealing with a PACE
interview
Attend in person
Answer questions
No comment
Read a prepared statement
Prepare a written statement and submit
Don’t attend at all
What does a PACE Interview involve?
Pre interview disclosure
Venue
Type: CD, Tape, Video
The caution: “you do not have to say anything but it may harm your
defence if you do not mention when questioned something you later rely
on in Court, anything you do say will be taken down in evidence”
Lets break that down:
You do not have to say anything
Anything you do say will be taken down in evidence
“may harm your defence if you do not mention when questioned
something you later rely on in Court”
Questioning
The questions
Often pre-prepared
Can be repetitive as don’t always flow
May be outside the scope of the knowledge of the person attending
and answering on behalf of the organisation
Can be a frustrating process
You have a go
What happens after a PACE
interview
Decision as to whether to Prosecute or not
Code for crown prosecutors:
1. genuine prospect of conviction
2. in the public interest
Potential prosecution, and risk of sentencing guidelines
for health and safety and food safety offences.
