<>stream If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. Most importantly I got the justice I deserved due to the hard work of my case handler Lyne Hughes. This is one of the most important phases in effective interviewing. Helping the witness to recall details such as these will enable them to recall more accurately the conditions that existed at the time of the incident. This section has generated considerable case law which refines the legislation and provides an interpretation for investigators (seesixconditions). In serious cases consideration should be given to the preparation of an adverse inference pack. You appear to be using an unsupported browser, and it may not be able to display this site properly. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Planning, preparation and ensuring that the interview plan is followed, and that answers are linked are all part of being methodical. Benefits of an early admission relate to the following areas: Victim has an opportunity to claimcompensationin respect of an offence that has been admitted by the defendant, detected, and acknowledged by the criminal justice system. Why is a particular interviewees viewpoint so important? Support for victims and witnesses Victims and witnesses may be upset, scared, embarrassed or suspicious. AlthoughCJPOAs 34 states that an inference can be drawn from silences in certain circumstances, this alone would not justify raising previous untruthfulness. Common Law Caution / Charge "I am going to charge you, but before I do so I must caution you that you do . The police have powers to search you when you're arrested. reasonable grounds for believing that the person's arrest is necessary. Seelegal services commissionfor further information. I would definitely recommend this firm to anybody. Saturday Closed This is also known as the privilege against self-incrimination. We use cookies to optimise site functionality and give you the best possible experience. A majority of individuals will have heard the caution in some capacity but what does it actually mean? Vivien Lee dealing with my case could not have been more polite professional and helpful. The chances of obtaining a high-quality account are increased by the application of good investigative interviewing techniques, underpinned by seven key principles. We cover the whole of Scotland and have solicitors based in the Borders, Central Belt and Aberdeen, Central Scotland4 Redheughs Rigg Westpoint,South Gyle,Edinburgh,EH12 9DQ, South of Scotland5 Cherry Court,Cavalry Park,Peebles,EH45 9BU, Correspondance AddressRTA LAW LLP16-20 Castle Street,Edinburgh,EH2 3AT. The suspect should be reminded of their entitlement to free legal advice. HNK are happy to answer these questions, like what do police say when they arrest you? and offer advice to those who may believe they have experienced police misconduct. PACECode CNote 6D provides for the following examples of misconduct by the legal adviser: Prior to removing a legal adviser, the investigator must seek authority from a superintendent or above, or, if one is not readily available, an inspector. In this post, HNK Solicitors will highlight what do police say when they arrest you and how it can affect the outcome of the criminal procedure. Through case law, the courts have identifiedsix conditionsthat must be satisfied prior to a court drawing an adverse inference underCJPOAsection 34. If the case then proceeds to a prosecution, there is a requirement on the prosecution team to disclose all material that is likely to undermine the prosecution or assist the defence. They were also very helpful with giving me great advice I would definitely use their services again in the near future I am very happy with the outcome of my case. It may be useful to inform the interviewee that although the police wish to establish certain facts and issues, it is the interviewees opportunity to explain their involvement or non-involvement in the incident under investigation. If you try to escape or become violent, the police can use 'reasonable force' such as holding you down so you can't run away or handcuffing you. Criminal Injuries Compensation A caution is a warning which is subject to disclosure for six years if you're an adult, or two years if you're under 18, unless it is for a specified offence. To arrest you the police need reasonable grounds to suspect you're involved in a crime. Do not provide personal information such as your name or email address in the feedback form. This does not prevent the investigator from establishing other similarities. 6th Floor Yorkshire House This provides a firm basis for the questions that need to be asked to clarify or challenge the interviewees account. Absolutely amazing helped me get a good result against merseyside police. Liverpool In addition to the PEACE model, there are a number of other considerations that need to be taken into account when structuring an interview. as evidence (Police Scotland, 2015,p.9). Eades, 2003 . The failure to mention these facts must occur before or on being charged. Given the nature of the caution, it applies when the police want to question a suspect and not simply (for example) to conduct a stop and search. This helps them to prepare and plan a strategy for advising their client in the police station, particularly during an interview. The interviewer should complete a crime report following the victim interview, in accordance with local force policy. It should include the names of the officers monitoring the interview and the purpose of the monitoring, that is, for training or to assist with the investigation, say that the interview is being audibly recorded, give their name and rank and that of any other interviewer present, ask the suspect and any other party present, for example, a solicitor, to identify themselves, state the date, time of commencement and place of the interview, tell the suspect they will be given a notice about the copies of the recording (this does notapply to interviews using a secure digital network), allow the suspect time to answer (do not interrupt), allow the suspect the opportunity to establish their position, the useof openquestions, for example, Tell me about your movements from leaving homeyesterday morning and returning home yesterday evening, if the suspect avoids the question or does not answer, persist with questions worded to givean extended response, if the suspect replies with their own concerns initially, the investigator should briefly respondand have another open question ready, if the suspect denies knowledge of the incident, the interviewer should ask about thesuspects movements at the relevant time, avoid interrupting the suspect while they are giving their account (interruptions may causerepercussions later and could result in miscarriage of justice, they may also inhibit the flow of information), accurate note-taking to assist in summarising the suspects account, identifying topics for probing and using appropriate questions to expand the account, for example,What time did you leave the house?, Tell me about your journey to the club, select objectives for further probing using what, why, where, when, who, how, tell, explainand describe, after the interviewer has probed all of the objectives relating to the suspects account, the leadinterviewer should ask the second interviewer if there are any matters they wish to clarify, entitled to leave at will unless he is placed under arrest, informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will, assess the suspects needs and capabilities, determine fitness for interview and need for an appropriate adult, offer legal advice at the earliest opportunity suspects in a voluntary interview have the right to free legal advice, inform the suspect that the purpose of the voluntary interview is to question them to obtain evidence about their involvement or suspected involvement in an offence. Before police can question someone about their suspected involvement in an offence (be that following arrest or voluntary attendance) they must formally caution the suspect as follows: "You do not have to say anything but it may harm your defence if you do not mention when questioned, something that you later rely on in Court. Police gain valuable intelligence, increase detected offences rates, record a fuller picture of offending for possible use in future cases or to support applications for anti-social behaviour orders, or other restrictive orders. The legal adviser monitors the interview process and may make representations relating to the: In addition, the legal adviser may intervene during interview to: Investigators will work with legal advisers: Careful consideration should be given to the following: Resourcesfinding a suitable room which is free from interruptions to conduct any discussions, Timemaking an appointment convenient to all parties and allowing sufficient time for discussion, consultation and negotiation prior to subsequent suspect interviews, including rest breaks. The regional coordinator for investigative interviewing supports the force interviewing champions within theirregion by promoting the national investigative interviewing strategy and disseminating good practice. In particular, the right to be informed about the offence and (as the case may be) any further offences for which they are arrested while in custody, and why they have been arrested and detained. We offer a full litigation service, from experts across all litigation specialisms, in a robust and transparent way, drawing on decades of experience of championing our clients rights. 4 0 obj These objects or marks must be found inor on their clothing or footwear orotherwise in their possession or the place they were at, at the time of their arrest. Interviewers should consider the following: Planning and preparation gives the interviewer the opportunity to: Every interview must be prepared with the needs of the investigation in mind.