attending a record of interview

This file last saved 11 August, 2019 14:13

background

  1. Police conduct a record of interview when they are formally questioning a suspect about an offence which they are alleged to have committed. These records of interview are normally conducted at a police station where there is proper sound - and possibly video - recording equipment. Sometimes the record of interview includes a visit to the alleged crime scene or other locations associated with the offence.
  2. If the suspect is a child, the police may ask a JP to act as a support person at the interview. If this request is made you are under an obligation to comply.
  3. You may also be asked to attend by an adult suspect, either as an interview friend or as a friend. In this latter role you would do so as a private individual.
  4. The Police Powers and Responsibilities Act 2000 sets out procedures to be adopted when questioning suspects. The Act has different provisions for adult and juvenile suspects. For adult suspects the Act provides for:
    1. a support person to attend at records of interview where the suspect is an adult Aboriginal or Torres Strait Islander person; or
    2. a friend to be present.
  5. The law does not prohibit you from acting as a friend as long as you do not do so in your capacity as a JP.
  6. For juvenile suspects, the Act requires the presence of a support person during the questioning. Support person is defined in Schedule 6 of the Act as:
    1. for a child
      1. a parent or guardian of the child; or
      2. a lawyer acting for the child; or
      3. a person acting for the child who is employed by an agency whose primary purpose is to provide legal services; or
      4. if no-one mentioned in sub-paragraphs (i) to (iii) is available, a relative or friend of the child who is acceptable to the child; or
      5. if the child is an Aborigine or Torres Strait Islander and no-one mentioned in sub-paragraphs (i) to (iv) is available - a person whose name is included in the list of interview friends and interpreters; or
      6. if no-one mentioned in sub-paragraphs (i) to (v) is available - a justice of the peace other than a justice of the peace who is a member of the Queensland Police Service, or a justice of the peace (commissioner for declarations).

    preliminary

  7. Ask the duty officer to supply you with:
    1. the suspect's name;
    2. the suspect's age;
    3. the period the suspect has been in custody;
    4. whether the police have contacted any of the categories of support persons listed as Ii) to (v) of Schedule 6 of the Police Powers and Responsibilities Act 2000 and what the outcome was;
    5. whether the suspect has asked for a solicitor;
    6. an outline of the reasons for the interview.
  8. Arrange to talk to the suspect in private - the police must allow this under section 421(2) of the Act. At this time:
    1. Introduce yourself;
    2. Immediately warn the suspect that they should not make any admissions to you as you may be required to give evidence in court if they confide in you. This is not the role of a JP
    3. Explain that you are a JP and that you are attending as a support person - an independent person whose role is to ensure that the correct procedures are followed;
    4. Ask the suspect if they have been offered any of the support persons listed in (i) to (v) of Schedule 6 of the Act, and if not, if they would like one of them to be present. Emphasise that it would be in their interests to have a legal representative present. If they have asked for one of those persons to be present, make arrangements for this person to attend and you may leave when they arrive. If the suspect does not want any of those support persons to be present, ask if they want you to be present during the interview.

      You may only attend with the child's consent. If the child does not consent to your presence and no other support person is available, the Police are unable to question the child.

    5. Try to determine the suspect's mental and physical condition and decide whether they are in a fit condition to be interviewed. Find out when they last had food or drink, and whether they require anything, including access to toilet facilities. Determine whether the child has been treated correctly and that no threats have been made before your arrival. If you are in doubt as to their mental or physical well-being, ask the officer in charge for the Government Medical Officer to attend and examine them.
    6. If the suspect requires the services of an interpreter, you should ensure that an interpreter is made available. Again, contact the officer in charge so that the necesssary arrangements can be made.
    7. Explain to the suspect that you are not there to give legal advice, but that they are entitled to ask you questions, or request to speak to you in private, at any time during the interview.
  9. You may tell them that they are under no obligation to answer the questions but they may answer some or all of the questions if they desire.
  10. Remind them that they may terminate the interview at any time.
  11. You should then restate the advisability of having legal representation.

    12. during the interview

  12. Your primary role during the interview is to ensure that the rights of the suspect are protected. You are to do this by ensuring that the correct procedure is followed.
    1. Check that the police officer cautions the suspect, and that the caution is recorded elecronically. The caution should comply with the following:
      1. Do you understand that you are not under arrest?
      2. Do you understand that you are free to leave at any time unless you are arrested?
      3. Before I ask you any questions I must tell you that you have the right to remain silent.
      4. This means that you do not have to say anything, or answer any questions or make any statement, unless you wish to do so.
      5. However, if you do say something, or make any statement, it may lataer be used as evidence. Do you understand this warning?
    2. If, during the interview, the child asks how he or she should answer a question, you must explain that you are unable to answer this and that they should have a legal representative present.
    3. Do not intervene unnecessarily. The Police officer has the right to exclude you if he or she believes that you are unreasonably interfering. However, do ensure that the suspect understands the questions and is not having language problems.
    4. Ensure that thee equestioning by the police is not overbearing or intimidating. If you suspect that the child's mental or physical well-being is deteriorating, suspend the interview and, if necessary, request the Government Medical Officer to attend.
    5. If at any time your are of the opipnion that the Police are mistreating the suspect, suspend the interview immediately and report the matter to the officer in charge of the police station. This officer has an obligation to take certain actions once a complaint is made, including reporting the complaint to the Crime and Misconduct Commission. The interview should not be recommenced at this time.
    6. If at any time you belive that the suspect is not coping with the interview process, remind them that they may have a legal representative present.

    after the interview

  13. Under the legislation, the police are required, at the end of the interview, to ask the suspect certain questions and to ensure that both the questions and answers are recorded. [This precaution is intended to protect both the suspect and the police.] The questions should substantially comply with the following:
    1. Is there anything further you wish to say relating to this matter?
    2. Did you take part in this interview of your own free will?
    3. Have you answered all questions truthfully?
    4. Do you have any complaints in relation to your treatment by the police?
    5. Was any threat or promise made to you to induce you to make this record of interview?
    6. Were you denied access to aa support person or legal representation at any time?
    7. Did the police explain your rights to you at the beginning of the interview?
    8. Does anyone else pesent wish to say anything before the interview is concluded?
  14. As the interview is recorded electronically, there is no requirement for you to certify the record at the time. The suspect will be supplied with a copy of the tape of the interview for their legal advisor.

    15. bear in mind

  15. The Police Powers and Responsibilities Act 2000 limits the role of the JP in attending police records of interview, and the list of other support persons must be exhausted first.
  16. You are there to protect the interests of the suspect. You should emphasise at all times the importance of legal representation.
  17. You are not permitted to give legal advice to the suspect under any circumstances.

    18. frequently asked questions

    May I take notes during the interview?

    Yes, you are permitted to take notes for your own records.

    What if the taped record of interview is challenged?

    If the validity of the taped record of interview is questioned during the trial of the accused at a later date, you may be called to give evidence as to its accuracy. The tape will be replayed for you at the court, and you may refer to any of the notes you took at the time of the interview.

    Should I keep a record of interviews I attend?

    You can include information in your notebook such as:

    1. date and time of the interview;
    2. type of interview attended;
    3. details of the officer requesting your attendance;
    4. type of identification sighted;
    5. location of interview; and
    6. questions you asked and answers given.

    References

  18. Duties of Justices of the Peace (Qualified) Jun 1917, 6.1/1 - 6.1/7