Tape Recording/Video Recording
Under Codes E and F (Section 60/60A) of PACE it is stated that interviews but be tape recorded. There must be two copies of the tape recording made, one being a sealed master copy and the other will be used as the working copy.
Rights of the Interviewee
Code C covers the rights of the interviewee. These rights include that the interview room must be well lit, heated and ventilated and that the suspects must be given enough breaks for meals, refreshments and sleep.
The court is not allowed to use statements that have been gained through oppression e.g. torture.
Code C also provides guidelines on how an interview must be conducted; the interviewer must not use any form of inappropriate conduct or oppression to obtain answers. Examples of this would include:
- The interviewer raising his/her voice or shouting at the suspect
- The interviewer making any threats towards the suspect
- Threatening to detain the suspect indefinitely unless they confess
The interview must end when the officer in charge of the investigation is satisfied that all relevant questions have been put to the suspect and that the information obtained is accurate and reliable. This would include allowing the suspect to have an opportunity to give an innocent explanation and asking questions to the test if the explanation is accurate and reliable. This is done to clear up any ambiguity that make have arose in previous questions.
Appropriate Adult
If the suspect in question is under the age of 17 or is mentally disabled, it is crucial that there is adult supervision and that this adult is an 'appropriate adult' who will be present at the interview as well as a solicitor.
In the case of a Juvenile, the appropriate adult would be:
- A parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority/organisation
- A social worker of that authority/organisation
- A responsible adult over 18 that isn't working for the police
For a person who is mentally disabled, the appropriate person would be:
- A relative, guardian or other person responsible for their care or custody
- Someone experienced in dealing with mental disorders
- A reasonable adult over 18 that isn't working for the police
Right to Silence
The suspect has the right to silence at a court hearing but if chooses to do so, it is likely that the jury will assume that the suspect is guilty.
Searches
Under section 54 of PACE it is stated that all strip searches that take place must be done by a person of the same sex as the suspect and that person should be qualified in doing so.
Fingerprints and Body Samples
Code D (Section 61-64) of PACE allows the police to actually take fingerprints and DNA samples from the suspect. This can include blood, urine and swabs from the body.
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