In Part 1, we looked at how a police interview with a suspect in a police station should commence. If you missed Part 1, you can review it here.
This post looks at what MUST be said next by the interviewing officer. If they fail to say these words or others that describe the same thing in simpler terms for someone unable to understand the phraseology, anything said that may be used as evidence against the suspect, may and probably would be excluded from any subsequent court case.
YOU DO NOT HAVE TO SAY ANYTHING. BUT IT MAY HARM YOUR DEFENCE IF YOU DO NOT MENTION WHEN QUESTIONED SOMETHING YOU LATER RELY ON IN COURT. ANYTHING YOU DO SAY MAY BE GIVEN IN EVIDENCE.
This can be broken down as follows, to ensure the suspect understands:
• You do not have to answer my questions.
• However, should this matter go to court and you tell the court something which you could have reasonably told me during this interview, the court may be less likely to believe you and that could harm your defence.
• The tapes of this interview may be played in court, so the court will be able to hear what you have said.
Only after the introduction in Part 1 and this Caution are said to the suspect, can the interview start in earnest. Failure to address either part may render any information, evidence or admission that subsequently comes to light in the interview, may be excluded from the prosecution case put before the court. Therefore, if there is no corroborating evidence to the confession, the case may well be thrown out of court, if it ever gets there in the first place.
For more information you may find useful, follow the links in the updated and expanded British Police and Crime Directory for Writers and Researchers 2016, which you can acquire by clicking on the link above or the image below.
You can also check out many more facts about policing in 218 Facts a Writer Needs to Know About the Police.