What is a formal police interview?

What is a formal police interview?

What is a formal interview? Formal interviews are conducted under specific conditions and can lead to the gathering of admissible evidence related to an offence. It can also be known as being interviewed ‘under caution’. Anyone suspected of an offence can be interviewed under caution.

Who can attend a police interview?

If you are under 18 years of age, the police will have to arrange for an appropriate adult to be in the interview with you. This can be a parent, carer, brother or sister or a friend, but they have to be over 18 years of age.

Should you always say no comment?

‘You do not have to say anything if you do not wish to do so, but anything you do say may be used against you in a court of law. ‘ Today, courts can use silence (or no comment answers) as an inference of guilt. This means that saying nothing, in some cases, can do more harm than good.

What happens if you just say no comment in a police interview?

Your police station representative will always make a note of the instructions that you give, so even if you make ‘no comment’ replies they can give evidence to the court if necessary to show that you haven’t made up a defence once you are charged and papers are served.

Is it bad to be interviewed by the police?

There is no question that being interviewed by the police under any circumstances – whether you are suspected or accused of a crime or not – can be a frightening experience. Understandably, many people find themselves anxious about what they might be asked, what they might say, and what the outcome of any interview might be.

Can a police interview be conducted without a support person?

The law says the Police cannot conduct an interview without that support person being present. The support person is a responsible adult who is independent of the case. This can be a lawyer or another adult. If you are 14 or older, you can choose who you want to call.

What happens if you attend a voluntary police interview?

The implication is that it won’t take long and ‘there is nothing to worry about.’ The police should never say this. The fact is that, attending an interview as a voluntary attender still means that you are under suspicion of committing a criminal act or series of acts.

Can a police officer record a conversation with a person?

Police can also listen to and note down conversations held by a person with anyone else, except a lawyer, and use it later in evidence against the person. What is a record of interview? All police interviews are required to be recorded – this should be by video (audio visual) but can be an audio or written record.

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