Show Summary Details
Page of

Codes ‘C’, ‘D’ and ‘E’ Case Study 

Codes ‘C’, ‘D’ and ‘E’ Case Study
Chapter:
Codes ‘C’, ‘D’ and ‘E’ Case Study
Author(s):

Paul Connor

DOI:
10.1093/law/9780198806387.003.0004
Page of

Subscriber: null; date: 15 August 2018

4.1 Introduction

This section of the Workbook utilises a slightly different methodology to the standard approach you will have become accustomed to in previous chapters. You will still have to complete written exercises but this section differs in that it combines these tasks within a case study that seeks to test your knowledge concerning many of the issues in relation to Code ‘C’, Code ‘D’ and Code ‘E’ of the PACE Codes of Practice. Using the practical knowledge you will have gained from dealing with witnesses to offences and suspects for offences will support this process. You will be asked to think about your own experiences and consider how those experiences relate to the theoretical case study.

It may be that this section of the Workbook will take some time to complete and finishing it in one session may not be possible. Take your time and take breaks from your study where appropriate.

4.2 Aim

The aim of this section is for you to be able to demonstrate your knowledge relating to the PACE Codes of Practice governing:

  1. i. the detention, treatment and questioning of persons (Code ‘C’);

  2. ii. identification of persons (Code ‘D’); and

  3. iii. audio recording interviews with suspects (Code ‘E’).

4.3 Objectives

At the end of this section you should be able to:

  1. 1. Relate your practical knowledge of Codes ‘C’, ‘D’ and ‘E’ to a theoretical case study exercise.

  2. 2. Apply your knowledge to written exercises within the case study.

  3. 3. Modify (if necessary) your practical knowledge to incorporate the specific provisions of Codes ‘C’, ‘D’ and ‘E’ of the Codes of Practice.

4.4 Case Study

4.4.1 Case Study—Part 1

At 10.15am today, two males walk through the front door of ‘Palmer’s Newsagent’s’, 121 Green Lane. The owner of the shop, 68-year-old GEORGE PALMER, is standing behind the shop counter near to a cash till. There are no customers or other staff in the shop. One of the males remains by the front door of the shop as the other produces a knife and runs straight towards PALMER. Before PALMER can react, the male with the knife vaults over the shop counter and grabs him by the arm. He holds the knife in front of PALMER’s face and shouts, ‘Open the till or I’ll slit your fuckin’ throat!’ The male lets go of PALMER’s arm and a terrified PALMER tries to open the till. In fact PALMER is so frightened that his hands shake uncontrollably and he cannot do as the male with the knife has demanded. The male standing by the front door runs over to the shop counter but does not climb over it, remaining on the shop side of the counter. He shouts at PALMER saying, ‘For fuck’s sake open the fuckin’ till or we’ll stab you!’ The two males make several other abusive and violent threats towards PALMER who finally manages to get the till open. The male holding the knife grabs a handful of bank notes, but as he does so ALAN HEPWORTH walks through the front door of the newsagent’s. HEPWORTH is a friend of PALMER’s and immediately realises that PALMER is being robbed. HEPWORTH runs towards the shop counter and the two male robbers panic and try to get away. The male standing on the shop side of the counter runs towards the rear of the newsagent’s. At the same time the male holding the knife vaults back over the counter towards the oncoming HEPWORTH. As this male lands on the shop floor he slips and drops the knife and bank notes. HEPWORTH dives onto him and pins him down, shouting out to PALMER to phone the police. Although the male struggles he cannot break free from HEPWORTH’s hold. His accomplice sees what has happened and, empty-handed, escapes out of the back door of the shop. HEPWORTH continues to hold on to the male until PCs OWEN and IRFAN arrive ten minutes later. The circumstances are quickly related to the officers and PC OWEN arrests the male for an offence of robbery and cautions him. The male replies, ‘OK I robbed the shop but it wasn’t my fuckin’ idea!’ The arrested male identifies himself as MARK BOYD and tells the officers that he is 16 years old. PC IRFAN seizes the knife and cash as evidence of the offence.

4.4.2 Exercise—Case Study (Part 1); Significant Statements

You may wish to take a moment to think of yourself as the arresting officer. Consider what you would do with regard to the comment made by BOYD and why you would do it. If you were handing the suspect over to an interview team, would you tell them about this comment? Why?

Would BOYD’s reply to PC OWEN be classed as a ‘significant statement’?

Yes / No

Why / Why not?

____________________________________________________________________________________

What is a ‘significant statement’?

____________________________________________________________________________________

In whose presence must a ‘significant statement’ be made?

____________________________________________________________________________________

4.4.3 Case Study—Part 2

A description of the second offender is obtained from PALMER and HEPWORTH by PC IRFAN, who circulates the description to his colleagues on patrol in the general area.

4.4.4 Exercise—Case Study (Part 2); First Descriptions

Think about an incident where you obtained a first description from an eye-witness. What did you do? Why did you do it? Where was the first description recorded?

Consider the obligations placed on the police under Code ‘D’ regarding first descriptions and decide whether the following statements are true or false.

  1. 1. Code ‘D’ requires that a first description provided of a person suspected of a crime (regardless of the time it was given) must be recorded.

    • True / False

  2. 2. The first description must be disclosed to the defence in the pre-trial procedure in all cases.

    • True / False

  3. 3. The record must be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form.

    • True / False

  4. 4. The record of first description can be made electronically or on paper.

    • True / False

4.4.5 Case Study—Part 3

PC IRFAN records the first descriptions given to him by PALMER and HEPWORTH in his pocketbook. Other officers arrive at the scene and it is decided that PALMER and HEPWORTH will be driven round the immediate area of the offence to try and find the second offender.

4.4.6 Exercise—Case Study (Part 3); Identification at the Scene

Have you ever taken an eye-witness round an area to locate an offender? You did not want your identification evidence to be compromised, so what steps did you take to ensure that this would not happen? If you have never carried out this activity, what would you do if the situation occurred at the next incident you attend?

Carrying out a ‘scene identification’, i.e. taking an eye-witness round a particular area to try and find a suspect, is an accepted practice. However, if possible this practice must follow the guidelines under Code ‘D’ 3.2. What should be considered before and during a ‘scene identification’?

  1. 1. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  4. 4. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  5. 5. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

4.4.7 Case Study—Part 4

PALMER and HEPWORTH are driven round the area of the newsagent’s, but the second offender cannot be found. In the meantime, BOYD is transported to a designated police station and is escorted into the custody area. PS FAGAN (the custody officer) obtains BOYD’s full details (name, address, age, etc.) and, because BOYD is a juvenile, PS FAGAN asks him who he wishes to act as his ‘appropriate adult’.

4.4.8 Exercise—Case Study (Part 4); Appropriate Adults

You will have arrested juveniles in the past. Think about those circumstances. In the majority of cases who normally turns up to act as an appropriate adult? What happened when that person could not or would not attend?

There are three classes of person who can act as an appropriate adult where the person in custody is a juvenile. Who are they?

  1. 1. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

4.4.9 Case Study—Part 5

BOYD states that his mother and father are divorced. He lives with his mother and wants her to act as his appropriate adult as he rarely sees his father. He tells PS FAGAN that his mother lives just around the corner from the police station and could get there within minutes. BOYD further states that he hates his father and would object to him acting as his appropriate adult.

4.4.10 Exercise—Case Study (Part 5); An ‘Inappropriate’ Adult?

If PS FAGAN could not contact BOYD’s mother, could BOYD’s father act as an appropriate adult?

Yes/No

Why/Why not?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.11 Case Study—Part 6

PS FAGAN tells BOYD that he will ask BOYD’s mother to act as an appropriate adult and contacts her. BOYD’s mother states that she will be at the police station in a matter of minutes. PS FAGAN turns to PC OWEN and asks him to provide the circumstances of the arrest. As soon as PC OWEN finishes relating the circumstances of the arrest to PS FAGAN, BOYD says, ‘It wasn’t my idea, you know that someone else was involved don’t you?

4.4.12 Exercise—Case Study (Part 6); Recording Comments made by the Suspect

What action should PS FAGAN take in response to this comment by BOYD?

____________________________________________________________________________________

____________________________________________________________________________________

4.4.13 Case Study—Part 7

PS FAGAN authorises BOYD’s detention and informs BOYD of his rights whilst he is in custody.

4.4.14 Exercise—Case Study (Part 7); Rights of Detainees

Think about the times that you have brought a suspect in front of the custody officer. What rights did the custody officer tell the suspect that they were entitled to?

What three rights must BOYD be told about?

  1. 1. _________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. _________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. _________________________________________________________________________________

    ____________________________________________________________________________________

4.4.15 Case Study—Part 8

PS FAGAN asks BOYD if he wants someone to be informed of his arrest. BOYD replies that he does and asks that his brother, LIAM BOYD, be contacted. PS FAGAN then asks BOYD if he wants a solicitor. BOYD replies that he does and asks that his family solicitor, Mr HART of Brindlewoods Solicitors, be informed. PC OWEN hears both of these requests and is concerned that LIAM BOYD could be the second offender who managed to escape from the scene of the offence. Out of hearing of BOYD, PC OWEN approaches PS FAGAN and voices his concerns. PC OWEN suggests that BOYD’s right to have his brother informed should be delayed.

4.4.16 Exercise—Case Study (Part 8); Incommunicado

Put yourself in PC OWEN’s shoes. Would you be concerned? Why? What would you do about it? Have you ever faced a similar situation? What did you do?

What do you know about the right not to be held ‘incommunicado’ (having the right to someone being informed of arrest being withheld)? Try answering the following questions.

  1. 1. If the police wish to keep a person in custody ‘incommunicado’, then the offence that they have been arrested for must be an indictable offence.

    • True / False

  2. 2. What rank must a police officer be to authorise a person in custody being denied the right to have someone informed of his/her arrest?

    ____________________________________________________________________________________

  3. 3. What is the maximum time limit that this right can be delayed for?

    ____________________________________________________________________________________

  4. 4. The officer who authorises a person in custody to be held ‘incommunicado’ must have reasonable grounds for believing that the exercise of the right will lead to certain consequences. What are these consequences?

    1. i. _________________________________________________________________________________

      ____________________________________________________________________________________

    2. ii. _________________________________________________________________________________

      ____________________________________________________________________________________

    3. iii. _________________________________________________________________________________

      ____________________________________________________________________________________

    4. iv. _________________________________________________________________________________

      ____________________________________________________________________________________

  5. 5. In addition to the previous points, there are two additional reasons that can be used in order to keep a person in custody ‘incommunicado’. What are they?

    1. i. _________________________________________________________________________________

    2. ii. _________________________________________________________________________________

  6. 6. Now that you have answered the first five questions, do you think that BOYD can be kept ‘incommunicado’ with regard to his request to have his brother informed of his arrest?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

4.4.17 Case Study—Part 9

PS FAGAN informs PC OWEN that in these circumstances BOYD can be prevented from having his brother informed of his arrest. While this conversation takes place, BOYD shouts out to the officers, ‘And I want a phone call to my mate Allan YALE, I know my rights and you can’t stop me from having a phone call.

4.4.18 Exercise—Case Study (Part 9); Telephone Calls by the Suspect

Is BOYD correct about his right to make a telephone call?

Yes/No

What does Code ‘C’ say about this?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Does the fact that BOYD is a juvenile make any difference?

Yes / No

4.4.19 Case Study—Part 10

PS FAGAN and PC OWEN discuss whether or not BOYD should be allowed to make a telephone call. PC OWEN is concerned that YALE could be the second offender and as a result Inspector JAY is informed of the facts. The decision is made that BOYD will not be allowed to make a telephone call to YALE. As the inspector’s decision is being recorded, BOYD’s mother arrives at the police station and she is shown into the custody area. Mrs BOYD is informed of the circumstances of the arrest and, in the presence of his mother, BOYD is given his rights again. Mrs BOYD agrees that her son should have Mr HART act as her son’s solicitor. At this point, Mrs BOYD says, ‘I know a bit about the law myself so I’d like to have a look at my son’s custody record please.’

4.4.20 Exercise—Case Study (Part 10); Appropriate Adults and Custody Records

Who can consult the detainee’s custody record?

____________________________________________________________________________________

____________________________________________________________________________________

4.4.21 Case Study—Part 11

After dealing with this issue as per the Codes of Practice, PS FAGAN authorises PC OWEN to commence a search of BOYD’s person. The search is completed and BOYD’s property is recorded and retained. BOYD is placed in a Juvenile Detention Room to await interview. PCs OWEN and IRFAN place the knife and cash into the Detained Property Register and liaise with the CID. The enquiry is handed over to TI RIDDALL (a Trainee Investigator with two months’ CID experience) and his Tutor, DC STYLES. PCs OWEN and IRFAN then complete their witness statements regarding the incident. A Scenes of Crime Officer attends the newsagent’s and examines the scene of the offence, but does not recover any forensic evidence.

After arranging for a Scenes of Crime Officer to examine the knife and cash recovered by PC IRFAN, DC STYLES visits the newsagent’s and obtains a statement of complaint from PALMER. TI RIDDALL visits HEPWORTH at his home address and obtains a witness statement from him. The newsagent’s is fitted with a CCTV system and DC STYLES is able to obtain footage of the robbery by seizing a DVD containing recordings of the incident. DC STYLES returns to his station and makes a copy of the original DVD footage. DC STYLES watches the DVD to obtain evidence of the offence (not for the purpose of identifying any person). The quality of the images is excellent and DC STYLES believes that there are several officers working at his station who may recognise the outstanding suspect. He is considering arranging for the footage of the DVD to be shown to these officers in order to try and establish the identity of the offender.

4.4.22 Exercise—Case Study (Part 11); Viewing CCTV Footage

Have you ever been asked to view footage of an offence to see if you recognise the offender(s)? Where did this take place? Who was with you? What method was used?

Can you provide a summary of what Code ‘D’ states about the showing of such footage to any person, including a police officer, for the purpose of obtaining evidence or recognition?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.23 Case Study—Part 12

DC STYLES makes the appropriate arrangements for the DVD to be shown to a number of officers. He then joins TI RIDDALL and the two officers plan for disclosure to BOYD’s solicitor and for the subsequent interview with BOYD.

At this stage of the enquiry, the evidence that the officers possess consists of:

  1. i. the witness statement of PALMER (the complainant),

  2. ii. the witness statement of HEPWORTH,

  3. iii. the knife and cash recovered by PC IRFAN,

  4. iv. the arrest statement of PC OWEN,

  5. v. the witness statement of PC IRFAN,

  6. vi. a copy of PC OWEN’s pocketbook, including the significant statement made by BOYD,

  7. vii. a copy of PC IRFAN’s pocketbook,

  8. viii. BOYD’s custody record, and

  9. ix. the CCTV footage of the incident.

4.4.24 Exercise—Case Study (Part 12); Disclosure to a Solicitor

Think about the occasions when you have provided disclosure to a solicitor. What are they always provided with? Did you hold evidence back? If so, what did you hold back and why? How could you justify holding evidence back from a solicitor?

Consider the previous evidence in turn and decide what the officers must disclose to Mr HART (BOYD’s solicitor) prior to an interview taking place. Give a short reason for your answer.

  1. 1. The witness statement of PALMER.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  2. 2. The witness statement of HEPWORTH.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  3. 3. The knife and cash recovered by PC IRFAN.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  4. 4. The arrest statement of PC OWEN.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  5. 5. The witness statement of PC IRFAN.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  6. 6. The copy of PC OWEN’s pocketbook.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  7. 7. The copy of PC IRFAN’s pocketbook.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  8. 8. BOYD’s custody record.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

  9. 9. The CCTV footage of the incident.

    Must this be disclosed?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

4.4.25 Case Study—Part 13

The officers decide that they will disclose all of the evidence they have at their disposal to Mr HART and continue planning for the interview. Thirty minutes later, PS FAGAN informs them that Mr HART has arrived at the police station. The officers return to the custody area and speak with Mr HART who has examined BOYD’s custody record. Mr HART is taken to a consultation room within the custody area (used for disclosure and consultations). On the way to the room, Mr HART says to TI RIDDALL, ‘This is the first time I’ve been to this station and I have to tell you that I’m not happy about all these cameras watching my every movement in the custody area. Can you arrange for them to be turned off? There are a number of cameras installed in the custody area and there are several notices prominently displayed within the custody area stating that the cameras are in use and recording images.

4.4.26 Exercise—Case Study (Part 13); Custody Block CCTV

What would your response be to such a request?

____________________________________________________________________________________

____________________________________________________________________________________

What does Code ‘C’ say about the subject?

____________________________________________________________________________________

____________________________________________________________________________________

4.4.27 Case Study—Part 14

After receiving disclosure from the officers, Mr HART has a consultation with BOYD in the presence of his mother. The consultation lasts for 20 minutes, after which Mr HART informs the custody officer that BOYD is ready to be interviewed.

4.4.28 Exercise—Case Study (Part 14); What is an Interview?

What does Code ‘C’ of the Codes of Practice state an interview is?

____________________________________________________________________________________

4.4.29 Case Study—Part 15

TI RIDDALL is informed that BOYD is ready to be interviewed. He returns to the custody area and speaks with PS FAGAN, who tells him that two interview rooms are available. TI RIDDALL enters Interview Room 1 and ensures that there are adequate facilities for the interview to take place, before obtaining several blank tapes (the recording media to be used to record the interview) and relevant documentation.

TI RIDDALL, DC STYLES, BOYD, his mother and Mr HART go into an interview room in the custody area for the interview regarding BOYD’s involvement in the offence.

In the interview room, TI RIDDALL checks the recording equipment, breaks open the audiotape seals, loads the tape machine and starts recording the interview.

4.4.30 Exercise—Case Study (Part 15); Requirements of Code ‘E’

You will have taken part in numerous interviews. At the beginning of the interview you will have completed the ‘Engage and Explain’ section of the PEACE model. What did you say to the suspect, the solicitor, the interpreter, the appropriate adult, etc. at this stage? You may have used a crib sheet to assist you. What is on that crib sheet?

At this point, TI RIDDALL must comply with the requirements laid down under Code ‘E’ 4.4 to 4.6. What are those requirements?

  1. 1. __________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. __________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. __________________________________________________________________________________

    ____________________________________________________________________________________

  4. 4. __________________________________________________________________________________

    ____________________________________________________________________________________

  5. 5. __________________________________________________________________________________

    ____________________________________________________________________________________

  6. 6. __________________________________________________________________________________

    ____________________________________________________________________________________

  7. 7. __________________________________________________________________________________

    ____________________________________________________________________________________

  8. 8. __________________________________________________________________________________

    ____________________________________________________________________________________

  9. 9. __________________________________________________________________________________

    ____________________________________________________________________________________

4.4.31 Exercise—Case Study (Part 15); Appropriate Adults and their Role in Interviews

As BOYD is a juvenile, his mother is present in the interview. Code ‘C’ 11.17 states that if an appropriate adult is present in an interview they shall be informed of what?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.32 Case Study—Part 16

TI RIDDALL has followed Codes ‘C’ and ‘E’ and reaches the point where he cautions BOYD. After the caution, TI RIDDALL says to BOYD, ‘Do you understand the caution? BOYD replies that he does not. At this point, Mr HART says, ‘I have explained the meaning of the caution to my client and he understands it fully.

4.4.33 Exercise—Case Study (Part 16); Explaining the Caution

According to Code ‘C’, what action should TI RIDDALL take?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.34 Case Study—Part 17

TI RIDDALL reaches the point where he wishes to put the significant statement (made by BOYD when he was arrested) to BOYD. TI RIDDALL mentions the significant statement to BOYD and presents him with a copy of PC OWEN’s pocketbook. BOYD examines the pocketbook entry and states that he does not agree with the record because ‘I didn’t say that’. TI RIDDALL records the disagreement and asks BOYD to read the details and sign them to the effect that they accurately reflect his disagreement. BOYD says, ‘I’m not signing anything written by you!’

4.4.35 Exercise—Case Study (Part 17); Signing a Pocketbook Entry in Interview

What course of action should be taken as a consequence of BOYD’s refusal to cooperate?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.36 Case Study—Part 18

Once the refusal to sign has been noted, the account phase (following the PEACE model of interviewing) is commenced.

TI RIDDALL and DC STYLES question BOYD about his involvement in the robbery. During the course of the interview, TI RIDDALL and DC STYLES put a number of questions to BOYD that are answered on BOYD’s behalf by Mr HART. TI RIDDALL asks Mr HART to allow BOYD to answer the questions himself and to stop answering questions for his client. TI RIDDALL asks BOYD who the other person involved in the robbery is, at which point Mr HART states, ‘Mark does not know who this other person is.

4.4.37 Exercise—Case Study (Part 18); Solicitor’s Behaviour

Has a solicitor ever interrupted your questioning during interview? What reason was given for the interruption? What did you do?

Code ‘C’ acknowledges that a solicitor may intervene during the course of an interview. There are several reasons why such an intervention may take place. Write down as many of these reasons as you can.

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Code ‘C’ 6.9 states that a solicitor may only be required to leave an interview if their conduct is such that the interviewer is unable properly to put questions to the suspect. With regard to this part of the Code, state whether the following comments are true or false.

  1. 1. Answering questions on behalf of the suspect would be an example of unacceptable behaviour.

    • True / False

  2. 2. Providing written replies for the suspect to quote would be an example of unacceptable behaviour.

    • True / False

  3. 3. Telling a suspect not to reply to a particular question would be an example of unacceptable behaviour.

    • True / False

  4. 4. Could TI RIDDALL stop the interview in these circumstances?

    • Yes / No

4.4.38 Case Study—Part 19

Owing to Mr HART’s unacceptable behaviour, TI RIDDALL stops the interview.

4.4.39 Exercise—Case Study (Part 19); Seeking Advice Regarding the Behaviour of a Solicitor

Who is the appropriate officer (rank/position) to speak to regarding the behaviour of Mr HART?

____________________________________________________________________________________

4.4.40 Case Study—Part 20

TI RIDDALL consults the appropriate person, who speaks to Mr HART regarding his conduct in the interview. After this conversation, it is decided that the interview should continue. The break in the interview lasted for 20 minutes, during which time BOYD was returned to the Juvenile Detention Room. All parties return to the interview room and the interview of BOYD is recommenced.

4.4.41 Exercise—Case Study (Part 20); Recommencing an Interview

When you have recommenced an interview the first words out of your mouth will not have been a question about the offence. So what were those first words? What did they relate to?

TI RIDDALL switches on the recording media and gives the time and date of the recommencement of the interview. What else should he do?

  1. 1. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. __________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

4.4.42 Case Study—Part 21

The interview continues and BOYD answers all of the questions put to him with the response of ‘no comment’. The officers have yet to put any challenges to BOYD and have not mentioned the witness statements from PALMER or HEPWORTH or the CCTV evidence, and have only asked questions designed to obtain an account from him. They decide to conclude this part of the interview. Code ‘C’ is complied with when concluding the interview and BOYD has a short consultation with his mother and Mr HART before being returned to the Juvenile Detention Room. After the consultation, Mr HART approaches TI RIDDALL and says, ‘I presume that’s it as far as interviews are concerned, as he’s not going to answer any of your questions and from your disclosure it’s obvious that you have sufficient evidence to prosecute him.

4.4.43 Exercise—Case Study (Part 21); ‘No Comment’ Interviews

If you were part of the interview team would you conclude the interview at this point? Have you ever dealt with a ‘no comment’ interview? What did you do when faced with this response from the suspect? Did it affect the number of questions you asked the suspect? Did you stop the interview after the first few questions?

Why is Mr HART wrong?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.44 Case Study—Part 22

TI RIDDALL informs Mr HART that the interview is not over because of the reasons mentioned in paragraph 4.4.43. Mr HART is escorted to a waiting room and TI RIDDALL and DC STYLES return to their CID office to discuss their progress so far. DS SHERWIN approaches them as they enter their office. DS SHERWIN states that, in controlled circumstances, he has shown the copy of the CCTV video from Palmer’s Newsagent’s to PC VALE (the beat officer for the area that the newsagent’s is situated in) and PC VALE immediately identified the second offender as ADRIAN JAY. JAY is 18 years old and lives next door to BOYD. DS SHERWIN and PC VALE have completed statements detailing the identification.

TI RIDDALL and DC STYLES decide to visit JAY’s address to arrest him for the offence and after completing the necessary checks they attend the address with several uniform colleagues. When they arrive, JAY is standing outside his house talking to a neighbour. TI RIDDALL arrests JAY for the offence of robbery and cautions him; JAY makes no reply. JAY is escorted to the designated police station where BOYD is in custody and TI RIDDALL provides the circumstances surrounding the arrest to PS FAGAN. JAY’s detention is authorised and, although he does not wish anyone to be informed of his arrest, he does ask that his solicitor, Miss BAKER, be contacted to represent him whilst he is in custody. PS FAGAN contacts Miss BAKER, who states that she will be at the police station in approximately 45 minutes. After being searched, JAY is placed in a cell to await interview. Several minutes later, JAY attracts the attention of PS FAGAN and tells him that he has changed his mind and does not require the services of a solicitor.

4.4.45 Exercise—Case Study (Part 22); ‘I don’t need a solicitor any more’

What does Code ‘C’ say about the situation where, after having requested the services of a solicitor, the suspect changes his/her mind and states they do not want a solicitor?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.46 Case Study—Part 23

The appropriate procedure is followed and PS FAGAN attempts to contact Miss BAKER to inform her that JAY does not want a solicitor. PS FAGAN’s attempts to contact Miss BAKER are unsuccessful. TI RIDDALL and DC STYLES are informed of JAY’s decision and decide to interview him before they continue their interview with BOYD. JAY is taken into an interview room and an interview commences. After DC STYLES has followed the requirements under Code ‘E’ 4.4 to 4.6, TI RIDDALL questions JAY regarding his involvement in the offence. After TI RIDDALL’s first question, JAY says, ‘I’ll answer your questions but there’s no way I’m doing this on tape. If you keep those tapes running I’ll not say a word.

4.4.47 Exercise—Case Study (Part 23); Suspect Objects to Interview Method

Has a suspect ever objected to an interview you are conducting being recorded? What did you do?

  1. 1. Code ‘E’ 4.8 details the procedure to be followed when a suspect objects to an interview being audio-recorded. What is that procedure?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. What alternative means of recording the interview should be adopted?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. Can TI RIDDALL continue to tape-record the interview regardless of JAY’s objection to the interview being audio-recorded?

    Yes / No

    Why / Why not?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  4. 4. If TI RIDDALL did continue to audio-record the interview, what should he bear in mind?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

4.4.48 Case Study—Part 24

TI RIDDALL decides that the interview will continue to be audio-recorded regardless of JAY’s objections. He asks a number of questions about the robbery, to which JAY replies ‘No comment’.

While the interview with JAY is taking place, Miss BAKER arrives at the police station believing her services are still required by JAY. She speaks to PS FAGAN, who tells her that although he tried to contact her he was unable to do so.

4.4.49 Case Study (Part 24); Solicitor Arrives at Police Station

In such a situation, what does Code ‘C’ of the Codes of Practice state should occur?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.50 Case Study—Part 25

PS FAGAN follows the Codes of Practice and JAY decides to speak with Miss BAKER. After a short consultation, JAY decides that he wants Miss BAKER to represent him. TI RIDDALL and DC STYLES provide Miss BAKER with disclosure and Miss BAKER goes into consultation with JAY. Miss BAKER informs the interviewing officers that her consultation will take approximately one hour, so the officers decide to continue interviewing BOYD.

A third interview takes place with BOYD. The format of the interview follows the account and challenge phases of the PEACE model of interviewing using open questions to elicit a response from BOYD and referring to exhibits where necessary. The first 60 minutes of this interview consist of BOYD answering questions but denying any involvement in the offence; however, when the CCTV evidence is discussed, BOYD decides to confess. The interview progresses and BOYD provides full details of his activities prior to the robbery, including the plan to rob the newsagent’s, the name of his accomplice and details of the offence itself.

With the provision of these details the interview becomes lengthy and approaches two hours in length. TI RIDDALL is considering taking a break.

4.4.51 Exercise—Case Study (Part 25); Breaks in Interview

When you have taken part in the interview of a suspect, when did a break in interviewing occur? What was the reason for the break? How long did the break last? Have you ever delayed a break? If so, how were you able to justify delaying the break?

  1. 1. According to the Codes of Practice, when should a break in interviewing take place?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. When should a short refreshment break be provided?

    ____________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. What is the least period of time a meal break should normally last for?

    ____________________________________________________________________________________

  4. 4. How long should a short refreshment break last for?

    ____________________________________________________________________________________

4.4.52 Exercise—Case Study (Part 25); Delaying an Interview Break

Subject to TI RIDDALL’s discretion, a break in the interview may be delayed if the conditions in Code ‘C’ 12.8 are met. What are those conditions?

A break may be delayed if there are reasonable grounds for believing it would:

  1. 1. _________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  2. 2. _________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

  3. 3. _________________________________________________________________________________

    ____________________________________________________________________________________

    ____________________________________________________________________________________

4.4.53 Case Study—Part 26

TI RIDDALL reasonably believes that the interview will conclude in a matter of minutes and that a break in the interview will unnecessarily delay BOYD’s release. He continues the interview, which concludes several minutes later. BOYD is returned to the Juvenile Detention Room and the officers gather the necessary materials for the interview with JAY. TI RIDDALL informs the custody officer that they are ready to interview JAY but, when PS FAGAN goes to JAY’s cell, JAY refuses to leave and says, ‘I’m staying put and I’m not being interviewed!’

4.4.54 Exercise—Case Study (Part 26); Suspect Will Not Leave Cell

Has a suspect ever refused to take part in one of your interviews? What did you do? If this has never happened to you, what would you do in this situation? What alternative means (if any) of recording the interview are available to you?

Consider the following statements and decide whether they are true or false.

  1. 1. JAY cannot be interviewed unless the police have obtained his consent or agreement to be interviewed.

    • True / False

  2. 2. If JAY continues to refuse to be interviewed, the interview may take place in his cell.

    • True / False

  3. 3. JAY should be cautioned in these circumstances.

    • True / False

  4. 4. A failure or refusal to cooperate in such a manner should be recorded, but cannot be given in evidence.

    • True / False

  5. 5. TI RIDDALL would require the authority of the custody officer to carry out an interview in JAY’s cell.

    • True / False

  6. 6. If TI RIDDALL obtained the necessary authorisation to conduct an interview in JAY’s cell, the interview must be recorded using portable recording equipment.

    • True / False

4.4.55 Case Study—Part 27

PS FAGAN tells JAY that he will be interviewed in his cell if necessary and as a result JAY decides to cooperate and accompanies PS FAGAN to an interview room. TI RIDDALL and DC STYLES begin interviewing JAY regarding the robbery in the presence of Miss BAKER.

JAY answers the officer’s questions but maintains that he is not responsible for the offence. JAY disputes the identification evidence the officers possess and states that he was never at the scene of the offence. It becomes apparent to both interviewing officers that identification evidence will form a significant part of the case against JAY.

4.4.56 Exercise—Case Study (Part 27); Identification Procedures

Think about the times when your cases have involved identification evidence. Did the suspect dispute the identification evidence? Why was there a need to hold an identification procedure? What did you do? What means of identification were chosen? What alternatives were available?

Certain identification procedures can be used where the suspect is ‘known’ and ‘available’. In this scenario, JAY is ‘known’ and ‘available’, but what does Code ‘D’ state these terms actually mean?

‘Known’

____________________________________________________________________________________

____________________________________________________________________________________

‘Available’

____________________________________________________________________________________

____________________________________________________________________________________

As JAY is ‘known’ and ‘available’, there are three methods of identification that could be used. What are they?

  1. 1. _________________________________________________________________________________

  2. 2. _________________________________________________________________________________

  3. 3. _________________________________________________________________________________

4.4.57 Case Study—Part 28

Shortly after disputing the identification evidence, JAY asks if he can use the toilet and requests a drink of water. TI RIDDALL agrees to JAY’s requests, stops the interview and turns off the recording media recorder. JAY says that he will only be a minute or two and is escorted to the toilet by DC STYLES, leaving TI RIDDALL and Miss BAKER in the interview room.

4.4.58 Exercise—Case Study (Part 28); Short Break in Interview

When there is a short break in the interview, what should happen to the recording media left in the recorder?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.59 Case Study—Part 29

TI RIDDALL follows the procedures in the Codes of Practice and several minutes later the interview is recommenced. The interview continues for 30 minutes, when there is a break to allow JAY a further consultation with his solicitor and to have a meal. While this break in interviewing takes place, the officers discuss the identification evidence. The statements of PALMER and HEPWORTH both contain reasonable descriptions of the second offender whom the officers believe to be JAY. The statement of PC VALE includes details of how the officer recognised JAY, as he had interviewed him for some 20 minutes five months prior to the robbery taking place and had seen him about the town on numerous occasions.

4.4.60 Exercise—Case Study (Part 29); When Must an Identification Procedure be Held?

Code ‘D’ specifies circumstances when an identification procedure must be held. What are those circumstances?

If, before any identification procedure set out in paragraphs 3.5 to 3.10 has been held, an eye-witness has

____________________________________________________________________________________

or

there is an eye-witness available who

____________________________________________________________________________________

or

there is a reliable chance

____________________________________________________________________________________

and the eye-witness has not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 3.5 to 3.10, then an identification procedure shall be held if the suspect

____________________________________________________________________________________

Unless:

  1. 1. It is not

    ____________________________________________________________________________________

    or

  2. 2. Any such procedure would serve

    ____________________________________________________________________________________

Should an identification procedure be held for JAY?

Yes / No

Why / Why not?

____________________________________________________________________________________

What can you say about the initial selection of the identification procedure?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.61 Case Study—Part 30

The officers follow the Codes of Practice and prepare a notice explaining the identification process (as per Code ‘D’ 3.17), and this is served on JAY. JAY is re-interviewed and answers all questions with the response of ‘no comment’. Several minutes into this interview, one of the recording media in the recorder snaps. As a result, the content of the interview, to the point where the recording media snapped, is lost in its entirety.

4.4.62 Exercise—Case Study (Part 30); Recording Media Fails

Has this ever happened to you? What action did you take? If this happens in your next interview, what would you do?

Code ‘E’ deals with this situation.

What should be done with the recording media?

____________________________________________________________________________________

When the interview resumes, should it start where it left off or should it begin again?

____________________________________________________________________________________

4.4.63 Case Study—Part 31

TI RIDDALL follows procedure and the interview continues. JAY answers all questions with a ‘no comment’ response. During the course of the interview, TI RIDDALL asks a question concerning the identification evidence of PC VALE. JAY responds to this question by saying, ‘I might have known he’d be involved. That dickhead’s been harassing me for ages and this is a stitch-up. He keeps stopping me for no reason and I want to make an official complaint about it.

4.4.64 Exercise—Case Study (Part 31); Complaint by Suspect in Interview

During one of your interviews, has a suspect ever made any type of complaint? What action was taken to deal with the complaint? Did this affect the interview in any way?

TI RIDDALL decides to continue the interview. Is this the correct decision?

Yes / No

Why / Why not?

____________________________________________________________________________________

What should TI RIDDALL tell JAY regarding his complaint?

____________________________________________________________________________________

What should TI RIDDALL do at the conclusion of the interview?

____________________________________________________________________________________

If JAY’s complaint concerned a provision of the Codes of Practice, would this alter the way in which the complaint would be dealt with? If so, how?

____________________________________________________________________________________

4.4.65 Case Study—Part 32

The interview is concluded and the recorder is switched off. TI RIDDALL seals the master recording media with a master recording label and both he and DC STYLES sign the label. JAY is asked to sign the label and does so, but when Miss BAKER is asked to sign the label she refuses.

4.4.66 Case Study (Part 32); Suspect Refuses to Sign Media Label

In these circumstances, what course of action should TI RIDDALL take?

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

4.4.67 Case Study (Part 33)

TI RIDDALL complies with the Code of Practice and JAY is returned to his cell via the custody officer. The officers discuss the case and decide that the interview phase (at this point) is complete.

The officers now consider obtaining fingerprints, photographs and DNA samples from BOYD and JAY.

4.4.68 Exercise—Case Study (Part 33); Obtaining Identification Samples

You will have taken fingerprints, photographs and DNA from suspects on numerous occasions. How was this achieved? Have you ever experienced difficulty in obtaining them? Why? Were they obtained nevertheless?

Examine the following statements and decide whether they are true or false.

  1. 1. A person’s fingerprints may only be taken in connection with the investigation of an offence if they consent.

    • True / False

  2. 2. If a suspect consents to fingerprints being taken from them, then the consent must be in writing.

    • True / False

  3. 3. Consent is not required if a person is detained at a police station having been arrested for a recordable offence.

    • True / False

  4. 4. The only time consent is not required to obtain fingerprints is when a suspect has been charged with an offence.

    • True / False

  5. 5. Reasonable force may be used to obtain a person’s fingerprints without their consent.

    • True / False

  6. 6. An officer may only photograph a detainee with their consent.

  7. 7. An officer may use reasonable force to take a detainee’s photograph without their consent.

    • True / False

  8. 8. Custody area video systems cannot be used to obtain an image of a detainee.

    • True / False

  9. 9. An officer may use reasonable force to remove a baseball cap from a detainee’s head if the detainee refuses to remove it.

    • True / False

  10. 10. A swab taken from the mouth of a detainee is an intimate sample.

    • True / False

  11. 11. Reasonable force may be used, if necessary, to take a non-intimate sample.

    • True / False

4.4.69 Case Study—Part 34

Fingerprints, photographs and DNA samples are obtained from BOYD and JAY and the relevant documentation completed.

4.5 Conclusion

In this case study, the location of the offence and the names of the participants are imaginary; the issues that have been raised from it are not. Although it is unlikely that in the investigation of one offence you would face every difficulty or problem that TI RIDDALL and DC STYLES faced when dealing with BOYD and JAY, you will nevertheless have first-hand experience of many of the dilemmas examined in the case study. In your future role these experiences will be broadened and amplified. You will also realise that these areas provide examiners with an abundance of material from which you can be tested. As a consequence you will appreciate how important it is, both as a practitioner and as a student, to possess a good knowledge and understanding of Codes ‘C’, ‘D’ and ‘E’ of the Codes of Practice.