4th November 2013

EFFECTIVE PROSECUTIONS

Interviews and PACE – Code E

Code E 4.5

•CAUTION THE SUSPECT

•REMIND THEM OF THEIR ENTITLEMENT TO

[FREE] LEGAL ADVICE – see Code C para 11.2

Interviews and PACE – Code E

Code E 4.6

THE INTERVIEWER SHALL PUT TO THE

SUSPECT ANY SIGNIFICANT STATEMENT OR

SILENCE – SEE CODE C PARA 11.4

Interviews and PACE – Code C

Code C 11.4

AT THE BEGINNING OF AN INTERVIEW THE

INTERVIEWER SHALL PUT TO THEM ANY

SIGNIFICANT STATEMENT OR SILENCE

WHICH OCCURRED IN THE PRESENCE AND

HEARING OF AN OFFICER…

Interviews and PACE – Code C

Code C 11.4

…THE INTERVIEWER SHALL ASK THE

SUSPECT WHETHER THEY CONFIRM OR

DENY THE EARLIER STATEMENT OR SILENCE

AND IF THEY WANT TO ADD ANYTHING

Interviews and PACE – Code C

Code C 11.4A

SIGNIFICANT STATEMENT = ONE WHICH

APPEARS CAPABLE OF BEING USED IN

EVIDENCE AGAINST THE SUSPECT

Interviews and PACE – Code C

Code C 11.4A

SIGNIFICANT SILENCE = FAILURE OR

REFUSAL TO ANSWER QUESTION WHICH

MIGHT ALLOW ADVERSE INFERENCE TO BE

DRAWN

Interviews and PACE – Code C

Code C 10.1

A PERSON OF WHOM THERE ARE GROUNDS

TO SUSPECT AN OFFENCE MUST BE

CAUTIONED BEFORE ANY QUESTIONS

ABOUT AN OFFENCE ARE PUT TO THEM

(SEE NOTE 10A)

Interviews and PACE – Code C

Code C 10.1

BUT NOT:

•Solely to establish identity or ownership of any vehicle

•To obtain information in accordance with a relevant statutory

requirement;

•In furtherance of the proper and effective conduct of a search;

•To seek verification of a written record.

Interviews and PACE – Code C

Code C 10.11ADVERSE INFERENCES – for an inference to be drawn tell them:

•WHAT OFFENCE IS BEING INVESTIGATED

•WHAT FACT THEY ARE BEING ASKED TO ACCOUNT FOR

•THE FACT THAT THIS MAY BE DUE TO THEIR PART IN THE

COMMISSION OF AN OFFENCE

•A COURT MAY DRAW INFERENCES FROM THEIR FAILURE

•A RECORD IS BEING MADE OF THE INTERVIEW

Interviews and PACE

Interviews and PACE

Evidence Gathering

Evidence Gathering

Evidence Gathering

Unlike others, your powers tosearch for things are limited.

Evidence Gathering

Evidence Gathering

Photographs

LUCKILY, THE CAMERA NEVER LIES

Witness Statements

Hearsay

Disclosure

SINGLE TEST FOR DISCLOSURE:

MIGHT THE MATERIAL REASONABLY BE

EXPECTED TO UNDERMINE THE PROSECUTION

CASE OR ASSIST THE DEFENCE CASE?

Disclosure

ATTORNEY GENERAL’S GUIDELINES

Disclosure

ATTORNEY GENERAL’S GUIDELINES

Investigator’s role:

• Record and retain material

• Examine such material in detail

• Describe the material in sufficient detail on the disclosure

schedule

• Draw to the prosecutor’s attention material where they have

any doubt as to whether it meets the disclosure test

• Deal expeditiously with requests by the prosecutor

Disclosure

ATTORNEY GENERAL’S GUIDELINES

Investigator’s role:

• Where an investigator believes a third party holds

information that might meet the test for disclosure they

must identify this to the prosecutor who should take what

steps they regard as appropriate to obtain it

Sensitive Material

Authority to Prosecute

Authority to Prosecute

Case Presentation

SUMMARY TRIAL vs JURY TRIAL

Case Presentation

JURY TRIAL

Case Presentation

SUMMARY TRIAL

Case Presentation

DEFENDANT

Court Etiquette

Giving Evidence

One more thing…