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 10.11
ADVERSE 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 to
search 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…