Police criminal evidence act 1984 6th edition

Description About the Author More Details. Description Blackstone's Custody Officers' Manual is an essential reference and training resource for all custody officers and trainers. All relevant legislation is presented in a clear and concise manner, together with analysis and explanation of the areas of the Codes of Practice that are most commonly misunderstood, to offer a comprehensive treatment of all elements of the custody officer's role. Professionals involved in the criminal justice system will be acutely aware of the ever-changing legislation that governs the reception, treatment, and welfare of people detained at police stations.

This book interprets the Police and Criminal Evidence Act and accompanying Codes of Practice, and also covers detainees' entitlements, reviews and relevant times, identification and samples, as well as the extension of detention in terrorist cases. Presented as a step by step guide to all stages of the custody procedure, Blackstone's Custody Officers' Manual highlights common problem areas and offers practical guidance using real life examples, flowcharts, and summary sections.

I hope that this article is pertinent to those who act as litigants in person in criminal proceedings where they represent themselves from the outset at Police interviews. You may be classed as a vulnerable person, but the definitions contained in the Police and Criminal Evidence Act are relatively ambiguous when defining what a vulnerable person is, in terms of learning disabilities, and other vulnerabilities.

Mental vulnerability is not always recognised by the Police, or by those who are themselves vulnerable. The same principles as set out in this article could well apply to the approach of a litigant in person during litigation and the Court process in any environment of pressure, and it is hardly surprising that the Government are currently considering applying special measures to vulnerable people, to also apply to litigants-in-person….

As a lawyer and part-time academic, I am a huge fan of learning from multi-faceted disciplines such as psychology, sociology, and criminology, to be considered alongside the Law of England and Wales. Indeed, I believe it to be essential if one is to obtain a deeper understanding of a given subject by looking at the same problem from different angles and perceptions. To ignore the wealth of information from other disciplines is to hold a very constricted and narrow view. I very much hope to encourage fellow lawyers to look beyond case-law and Acts of Parliament particularly on the issues of suggestibility, compliance, acquiescence, and confabulation, when considering what factors led to a confession within the context of the reliability on it from a vulnerable witness.

There were no special measures put in place when interviewing and taking the confession of Engin Redhip who was of low intelligence.

During the interview, there had also been an abnormal level of suggestibility. Grounds, A, , p95 In order to ensure a fair and just legal system and treatment of a witness, special care must be taken, and safeguards put in place during the interviewing process to ensure that evidence taken from those who are vulnerable, can be relied upon in Court, or else the evidence becomes unsafe and unreliable.

Rozenburg Gudjonsson GH, , Loc Gudjonsson, GH, undated , p16 goes beyond the statutory definition in PACE by considering anyone with psychological vulnerabilities and learning disabilities, including those who are vulnerable to sexuality, specific fears, and low esteem. What special measures are in place to protect vulnerable witnesses in the interview process?

Zander, M , p In relation to someone who is deaf, that person cannot be interviewed without the appropriate interpreter. Someone who is blind must have someone to assist, to read and understand documents, although it is not an AA as required for those who are young, juvenile, mentally disordered, or mentally vulnerable. Code C, para 3. For those who cannot speak or understand English, they must have an interpreter. This also applies to a parent or a guardian or a juvenile being interviewed by the Police.

How does an AA know what to do and what to say in an interview with a vulnerable witness, and is the person who attends as an AA suitable? The consequences of an AA being present, but unable to fulfil their role is that the supposed special measure in place by having them attend, in order to protect a VW is thwarted. The use of an AA, resulted from an inquiry as to the treatment of three juveniles, and how to prevent such treatment of vulnerable suspects in the future. Fisher, H Gudjonsson, GH , loc In the 20 cases analysed, an AA was present in six of the interviews.

Two of those AAs sat silently, at times when they ought to have been proactive. Three of the AAs encouraged a confession of the VW, even when it was not necessarily appropriate to do so, and only once did an AA do their job. When does the interview process start, where, and how is what is said recorded as evidence? Theoretically, upon a caution having been given in England, anything said may be used as evidence. Police interviews are recorded, and on many occasions, there is a camera recording the suspect and interviewers.

He considers that this in itself might lead to false confessions. Zimbardo , as cited by Gudjonsson , loc Moston and Stephenson , as cited by Gudjonsson, GH , loc In State v Christoff Fla Cir Ct , the court considered the negative consequences of admissions by way of theme development was very dangerous, and could result in false confessions. What techniques are administered by Police in interviews? There is generally a social interaction, a procedure for questioning, evidence provided which is then commented upon, and a response Gudjonsson, GH , loc That is Planning and preparation, engage and explain, account clarification and challenge, closure, and evaluation.

Justification of employing deceptive, persuasive, and manipulative techniques are rationalised in Police training manuals. Leo, RA , p considers that deceptive strategies in America, including concealing identity, are tactics that the Police can and do employ.

In England, such tactics are employed very cautiously for fear of being accused of entrapment, which would in itself be an abuse of process of the due administration of justice.

Gudjonsson, GH , loc , Kassin, S and McNall, K , loc From tactics and strategies employed by the adoption of the Reid technique amongst others sanctioned by the Police in America, creating environments of pressure by confusion, misinformation, and deception are perfect ingredients for someone who is a VW to be subject to subjectivity, coercion, false confessions and admissions, and ultimately miscarriages of justice.

How do the Police know when someone is a vulnerable witness, to employ special measures? The young, the deaf, the blind, and those who cannot speak or understand English, are generally obvious to define. How do the Police know when someone is mentally disordered or vulnerable? There is no obvious definition or guidance in PACE, other than So, if a Police interviewer does not know or is not told, a VW could be subjected to a Police interview without an appropriate adult present.

A Police interviewer who is not told, and who does not appreciate that a witness is vulnerable, may not be treated as such. This is disturbing; how can an interviewer know that an interviewee is mentally disordered or vulnerable? Gudjonsson, GH a , loc Without an AA present, the interview is seemingly conducted in privacy without anyone else there other than the interviewer. That is pressure in itself to be alone in a room with a questioner.

How much more pressure would a VW feel in such a situation in such a closed social arena? It is a highly stressful situation in which a police interviewer holds all the power and authority. Suggestibility, compliance, acquiescence, and confabulation:.

Primary suggestibility is a suggestion given to someone who results in an ideomotor response Noizt as cited by Gudjonsson, GH , loc Confessions 5. Identification Evidence 7.

Public Interest Immunity and Related Matters 9. Legal Professional Privilege Character Evidence Hearsay Evidence Expert Evidence Witnesses External resources Test yourself: Multiple choice questions with instant feedback. Oxford University Press. Sign in to annotate. Delete Cancel Save.