Interview
Author
Discussion

jonsp

Original Poster:

1,618 posts

182 months

Yesterday (18:07)
quotequote all
Hopfully quick one for the lawers/knowledgable people in the house.

If a police officer interviews you under caution on suspicion of whatever do you they have to disclose all the evidence they have that makes them suspect you of whatever or can thaty keep somthing back?































































Oilchange

9,652 posts

286 months

Yesterday (18:10)
quotequote all
Not at the interview stage, no.

In fact they will say what the charge is and the grounds/necessity and that is all, saying no further disclosure at this stage or words to the effect.

Get a lawyer.


Please correct me if I am wrong, someone?

Jazoli

9,573 posts

276 months

Yesterday (18:12)
quotequote all
They don’t have to disclose anything.

Bigends

6,096 posts

154 months

Yesterday (18:15)
quotequote all
Simply, dont say a word without seeking legal advice.

jonsp

Original Poster:

1,618 posts

182 months

Yesterday (18:23)
quotequote all
So the police say we suspect you robbed this bank

You say no I didn't. Why do you think I did?

Police say we've got some evidence but we're not telling you what it is. That doesn't seem fair

Oilchange

9,652 posts

286 months

Yesterday (18:30)
quotequote all
It will be disclosed at a later stage but not whilst you are being interviewed, assuming it goes to trial or whatever.

Have you been charged? I think that's when it starts to be disclosed

From the interweb:

In a police investigation, "full disclosure" (the legal release of all evidence and unused material) does not happen all at once. It occurs in stages managed by the Crown Prosecution Service:
Before Charge/Interview: The police provide limited disclosure to your solicitor to outline the allegation, but they do not share all the evidence.
Initial Disclosure (Post-Charge): If you are charged, the prosecution must serve the initial details of their case and a summary of the circumstances (usually before the first court hearing).
Full Disclosure (Ongoing): The primary duty to disclose all unused material (evidence not being used in court but which may assist the defence or undermine the prosecution) triggers after a "not guilty" plea in the Magistrates' Court or when the case goes to the Crown Court

loskie

6,916 posts

146 months

Yesterday (18:32)
quotequote all
you have the right to remain silent


as per the caution.
https://www.gov.uk/arrested-your-rights/your-right...

Your rights when being questioned
The police may question you about the crime you’re suspected of - this will be recorded. You do not have to answer the questions but there could be consequences if you do not. The police must explain this to you by reading you the police caution:

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”


LosingGrip

8,734 posts

185 months

Yesterday (22:26)
quotequote all
jonsp said:
So the police say we suspect you robbed this bank

You say no I didn't. Why do you think I did?

Police say we've got some evidence but we're not telling you what it is. That doesn't seem fair
Nothing has to be disclosed or it will be staged disclosure.

I deal with PIP 1 stuff mainly. I pretty much disclose everything at the start.

Fatals are different and often nothing other than involved in a crash. Someone died is disclosed at the start. Then a challenge interview will be conducted later.

I dont deal with PIP 2 stuff apart from fatals, but I rarely interview for them.

Bigends

6,096 posts

154 months

Yesterday (22:28)
quotequote all
LosingGrip said:
jonsp said:
So the police say we suspect you robbed this bank

You say no I didn't. Why do you think I did?

Police say we've got some evidence but we're not telling you what it is. That doesn't seem fair
Nothing has to be disclosed or it will be staged disclosure.

I deal with PIP 1 stuff mainly. I pretty much disclose everything at the start.

Fatals are different and often nothing other than involved in a crash. Someone died is disclosed at the start. Then a challenge interview will be conducted later.

I dont deal with PIP 2 stuff apart from fatals, but I rarely interview for them.
Did the same on my old beat crimes unit. Interviewed as per the investigation PEACE model.