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4 th November 2013 EFFECTIVE PROSECUTIONS. Interviews and PACE – Code E Code E 4.5 CAUTION THE SUSPECT REMIND THEM OF THEIR ENTITLEMENT TO [FREE] LEGAL.

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Presentation on theme: "4 th November 2013 EFFECTIVE PROSECUTIONS. Interviews and PACE – Code E Code E 4.5 CAUTION THE SUSPECT REMIND THEM OF THEIR ENTITLEMENT TO [FREE] LEGAL."— Presentation transcript:

1 4 th November 2013 EFFECTIVE PROSECUTIONS

2 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

3 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

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…

5 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

6 Interviews and PACE – Code C Code C 11.4A SIGNIFICANT STATEMENT = ONE WHICH APPEARS CAPABLE OF BEING USED IN EVIDENCE AGAINST THE SUSPECT

7 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

8 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)

9 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.

10 Interviews and PACE – Code C Code C 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

11 Interviews and PACE

12

13 Evidence Gathering

14

15 Unlike others, your powers to search for things are limited.

16 Evidence Gathering

17

18 Photographs LUCKILY, THE CAMERA NEVER LIES

19 Witness Statements

20 Hearsay

21 Disclosure SINGLE TEST FOR DISCLOSURE: MIGHT THE MATERIAL REASONABLY BE EXPECTED TO UNDERMINE THE PROSECUTION CASE OR ASSIST THE DEFENCE CASE?

22 Disclosure ATTORNEY GENERAL’S GUIDELINES

23 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

24 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

25 Sensitive Material

26 Authority to Prosecute

27

28 Case Presentation SUMMARY TRIAL vs JURY TRIAL

29 Case Presentation JURY TRIAL

30 Case Presentation SUMMARY TRIAL

31 Case Presentation DEFENDANT

32 Court Etiquette

33 Giving Evidence

34 One more thing…


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