Police/legal procedures
Discussion
I'm writing a piece of fiction, and want to make sure I get the police procedure correct.
If someone is arrested, once they are taken into the interview room, are there any formalities before the interview begins?
Do police still use cassette recorders to record interviews? Or have any gone digital?
If an interview is recorded, is the interviewee asked to state their name for the tape? (were they ever?)
If the first thing an interviewee says is 'Yes I did it, I'll write a statement to say I did it, and I'll plead guilty if you take it to court', would the interview stop there and then? How would the interview be concluded and the recording stopped?
And finally (and I stress that this is for a piece of fiction) if I intentionally attacked someone by hitting them on the back of the head with a pottery bowl, knocking them out, and then pleaded guilty, would I be likely to be out of prison in two years? If it would be more or less than two years, how would I have to alter the crime to make sure it was around two years?
If someone is arrested, once they are taken into the interview room, are there any formalities before the interview begins?
Do police still use cassette recorders to record interviews? Or have any gone digital?
If an interview is recorded, is the interviewee asked to state their name for the tape? (were they ever?)
If the first thing an interviewee says is 'Yes I did it, I'll write a statement to say I did it, and I'll plead guilty if you take it to court', would the interview stop there and then? How would the interview be concluded and the recording stopped?
And finally (and I stress that this is for a piece of fiction) if I intentionally attacked someone by hitting them on the back of the head with a pottery bowl, knocking them out, and then pleaded guilty, would I be likely to be out of prison in two years? If it would be more or less than two years, how would I have to alter the crime to make sure it was around two years?
I am sorry to sound a bit blunt, but real writers do their own research. Asking some random people on the net isn't research. How do you know that what people tell you here will be accurate?
Information about police procedures: look at the PACE Codes. Information about sentencing: look at the published guidelines.
Lots of writers join and use The London Library, or use other major information stores.
Information about police procedures: look at the PACE Codes. Information about sentencing: look at the published guidelines.
Lots of writers join and use The London Library, or use other major information stores.
Generally CDs are used now. There is a set spiel that the interviewing officer goes through at the beginning and end of the interview - either from memory or we used to have laminated copies within each interview room to make sure no points are missed. The person being interviewed will be asked to state their name and date of birth during the course of the pre interview preamble
Elroy Blue said:
If you hit someone on the head with a bowl you'd be unfortunate to get two hours community service, never mind two years.
Courts. Gotta love 'em.
Why not inform yourself before expressing an opinion?Courts. Gotta love 'em.
The guidelines for an offence such as that described (sounds like ABH, probably category 1, and could be a more serious offence) indicate a starting point of about 18 months in the slammer.
http://www.sentencingcouncil.org.uk/wp-content/upl...
Twilkes said:
I'm writing a piece of fiction, and want to make sure I get the police procedure correct.
If someone is arrested, once they are taken into the interview room, are there any formalities before the interview begins?
Yes. When the recording starts the interviewing officer will state their name and ask the detainee to state theirs. The interviewing officer will then ask everyone else present (ie lawyer etc) to state their names.
The interviewing officer will then state the date and time and say: “At the conclusion of the interview, I will give you a notice explaining how you can obtain a copy of the interview recording”
The officer will then caution the detainee again, the same as when they were originally arrested ie: “You don't have to say anything but... blah, blah, blah”
They will then start the interview.
Do police still use cassette recorders to record interviews? Or have any gone digital?
Some still use tapes, some use DVDs and some use digital.
If an interview is recorded, is the interviewee asked to state their name for the tape? (were they ever?)
Yes, as above.
If the first thing an interviewee says is 'Yes I did it, I'll write a statement to say I did it, and I'll plead guilty if you take it to court', would the interview stop there and then?
No, the interview would still go ahead and pretty much all of the same questions would be asked (you want to make sure of exactly what it is that they're 'fessing up to)
How would the interview be concluded and the recording stopped?
“Is there anything else you wish to say, or anything that you'd like to correct or clarify?” If the answer is no, then: “This interview is concluded at (time)”
And finally (and I stress that this is for a piece of fiction) if I intentionally attacked someone by hitting them on the back of the head with a pottery bowl, knocking them out, and then pleaded guilty, would I be likely to be out of prison in two years? If it would be more or less than two years, how would I have to alter the crime to make sure it was around two years?
Probably. Depends entirely on the degree of injury and whether the victim was a judge, politician or just a plebby member of the public (sorry, cynical moi!).
I hope this helps (police officer with 20 years service) and I expect roylalties! If someone is arrested, once they are taken into the interview room, are there any formalities before the interview begins?
Yes. When the recording starts the interviewing officer will state their name and ask the detainee to state theirs. The interviewing officer will then ask everyone else present (ie lawyer etc) to state their names.
The interviewing officer will then state the date and time and say: “At the conclusion of the interview, I will give you a notice explaining how you can obtain a copy of the interview recording”
The officer will then caution the detainee again, the same as when they were originally arrested ie: “You don't have to say anything but... blah, blah, blah”
They will then start the interview.
Do police still use cassette recorders to record interviews? Or have any gone digital?
Some still use tapes, some use DVDs and some use digital.
If an interview is recorded, is the interviewee asked to state their name for the tape? (were they ever?)
Yes, as above.
If the first thing an interviewee says is 'Yes I did it, I'll write a statement to say I did it, and I'll plead guilty if you take it to court', would the interview stop there and then?
No, the interview would still go ahead and pretty much all of the same questions would be asked (you want to make sure of exactly what it is that they're 'fessing up to)
How would the interview be concluded and the recording stopped?
“Is there anything else you wish to say, or anything that you'd like to correct or clarify?” If the answer is no, then: “This interview is concluded at (time)”
And finally (and I stress that this is for a piece of fiction) if I intentionally attacked someone by hitting them on the back of the head with a pottery bowl, knocking them out, and then pleaded guilty, would I be likely to be out of prison in two years? If it would be more or less than two years, how would I have to alter the crime to make sure it was around two years?
Probably. Depends entirely on the degree of injury and whether the victim was a judge, politician or just a plebby member of the public (sorry, cynical moi!).
Breadvan72 said:
Why not inform yourself before expressing an opinion?
The guidelines for an offence such as that described (sounds like ABH, probably category 1, and could be a more serious offence) indicate a starting point of about 18 months in the slammer.
http://www.sentencingcouncil.org.uk/wp-content/upl...
I take my information from arresting and charging people and seeing the end result in the revolving door we know as a court. The guidelines for an offence such as that described (sounds like ABH, probably category 1, and could be a more serious offence) indicate a starting point of about 18 months in the slammer.
http://www.sentencingcouncil.org.uk/wp-content/upl...
Generally thanks to the good work the Police do. They would rarely get sent down for whacking someone over the head with a bowl. "Just got a job and the girlfriends pregnant. He's turned his life around" etc etc
It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
Elroy Blue said:
Generally thanks to the good work the Police do. They would rarely get sent down for whacking someone over the head with a bowl. "Just got a job and the girlfriends pregnant. He's turned his life around" etc etc
It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
I was assaulted and my assailant ended up banging my head repeatedly on a kerbstone. Not being hit with a bowl admittedly. He was fined £100.It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
I have to agree with Elroy and XCP. I've rarely seen anyone (with the caveat of a first time offender) get anything near 18 months for a "simple" ABH, even where a weapon has been used. And don't forget, CPS charging standards tend to lower the level of charge, so even if on paper it's an ABH, the offender may get charged with common assault, even if the victim has sustained an injury.
As per XCP, I was assaulted by a drunken student who bit me, through clothing, causing permanent scarring on my arm. He got a conditional discharge and ordered to pay me £1,250 compensation.
As per XCP, I was assaulted by a drunken student who bit me, through clothing, causing permanent scarring on my arm. He got a conditional discharge and ordered to pay me £1,250 compensation.
Of course, it depends on where the person is arrested as to what laws apply! If in Scotland, for example, you're not entitled to lawyer until you've been charged. Plus, you can't be arrested "on suspicion" or on a single piece of evidence. And to cap it all, PACE doesn't apply! And, there's no crime of trespass in Scotland (which is why Scotland has a different version of the Lord's Prayer!)
Interesting if you plan a cross-border crime!
N Ireland has other differences.
Interesting if you plan a cross-border crime!
N Ireland has other differences.
Violent crime makes up the largest volume of people in prison, so custodial sentences are often on the cards.
I'd be surprised if knocking someone out with a bowl couldn't be dealt with at a Magistrates' court. If it resulted in more serious injuries than just being knocked unconscious then obviously the sentence would be more serious.
This the the model the police use: https://www.app.college.police.uk/app-content/inve...
For it to be 2 years in prison it'd be a judge at the Crown court sentencing, not a Magistrate, although the accused would be pleading at the Magistrates' court and then sent to Crown for sentencing.
I'd be surprised if knocking someone out with a bowl couldn't be dealt with at a Magistrates' court. If it resulted in more serious injuries than just being knocked unconscious then obviously the sentence would be more serious.
Twilkes said:
If someone is arrested, once they are taken into the interview room, are there any formalities before the interview begins?
It depends on what you mean by formalities. Do you mean specific to the interview? Or when arrested as a whole? Very specific formal things need to be undertaken prior to an interview taking place when someone is arrested. For example, being offered a phone call, having the reasons explained why someone is under arrest etc. Twilkes said:
Do police still use cassette recorders to record interviews? Or have any gone digital?
Nearly all digital. I'm not sure if they are CDRs or DVDs. The former are limited to 80 minutes (?) of audio so they may be DVDs. You could call them 'disks'. Twilkes said:
If an interview is recorded, is the interviewee asked to state their name for the tape? (were they ever?)
Yes. Twilkes said:
If the first thing an interviewee says is 'Yes I did it, I'll write a statement to say I did it, and I'll plead guilty if you take it to court', would the interview stop there and then? How would the interview be concluded and the recording stopped?
You'd still go through the detail of the offence for various reasons including that more detail may uncover further lines of enquiry. Murderers sometimes admit the offence but the interviews are still going to be hours long. This the the model the police use: https://www.app.college.police.uk/app-content/inve...
Twilkes said:
And finally (and I stress that this is for a piece of fiction) if I intentionally attacked someone by hitting them on the back of the head with a pottery bowl, knocking them out, and then pleaded guilty, would I be likely to be out of prison in two years? If it would be more or less than two years, how would I have to alter the crime to make sure it was around two years?
Have a look at page 12 onwards: http://www.sentencingcouncil.org.uk/wp-content/upl...For it to be 2 years in prison it'd be a judge at the Crown court sentencing, not a Magistrate, although the accused would be pleading at the Magistrates' court and then sent to Crown for sentencing.
Elroy Blue said:
Generally thanks to the good work the Police do. They would rarely get sent down for whacking someone over the head with a bowl. "Just got a job and the girlfriends pregnant. He's turned his life around" etc etc
It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
Do you think that is the fault of -It always helps if the CPS lawyer doesn't ask you for a copy of your statement five minutes before the trial starts, "because I haven't seen the file"
(a) the CPS lawyer, or
(b) someone else?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff