Mcq 4 interviewing / road policing

You have arrested JENKINS, a 13 year old boy, accused of causing minor damage to a motor car. In order for JENKINS to be interviewed he requires an appropriate adult to attend the custody suite. Which of the following persons would be suitable to act as an appropriate adult

• Sergeant WILLIAMS, the Youth Services Liaison Officer, who has just finished duty and is willing to act as the appropriate adult.

• Mrs DAVIES, who has just finished duty as a Police Community Support Officer and being an experienced foster parent is willing to act as the appropriate adult.

• Captain NORRIS, who is visiting the police custody suite in his role as a Salvation Army Officer and is willing to act as the appropriate adult.

• Mr JONES, who is a legal representative, having finished with another matter and is now willing to act as an appropriate adult.

Your Sergeant decides to test your knowledge of the PEACE model. She asks you which of the following statements illustrate the first E in the PEACE mnemonic.

• Engage the suspect only

• Explain the purpose of the interview only.

• Engage the suspect and explain the purpose of the interview only.

• Engage the suspect, explain the purpose of the interview and evaluate the interview at the conclusion

The Youth Justice and Criminal Evidence Act 1999 defines categories of persons who may be vulnerable or intimidated and may be afforded special measures at court. Which of the following groups is not listed as a category under the Act?

• Children under 17 years of age

• Persons suffering from a mental disability.

• Persons suffering from a physical disability or disorder.

• Persons who belong to a religious minority group.

The interviewing officer asks the suspect where he got the pedal cycle from, to which he replies "off a bloke in a pub. I don’t know what he is called." The officer asks again about the identity of the alleged seller of the bike, but the suspect maintains that he doesn’t know him. The suspect was in possession of the pedal cycle at the time of the arrest. In these circumstances, which of the following statements is correct?

• A special warning would be required because the subject is not answering a direct question about an object found with him upon arrest.

• A special warning would not be required because the suspect is being asked a question about a point which does not form part of the offence under investigation.

• A special warning would be required because although an answer has been given, the suspect is being intentionally evasive.

• A special warning would not be required, as although the reply could be untrue, the suspect has given a clear answer as to how he came to be in possession of the bike.

ATKINS hears the sound of his neighbour's burglar alarm. He runs outside to find a youth, NEWALL, running down the drive of the premises in question and detains the youth. On investigation of the address, ATKINS confirms that the kitchen window has been forced open. ATKINS takes NEWALL to the police station where she is formally arrested. Later the same day NEWALL is interviewed about the suspected offence but makes no comment to all questions. The interviewing officer, WARD, considers giving a special warning regarding NEWALL's detention at the scene by ATKINS. Can a special warning be given to NEWALL in these circumstances?

• A special warning cannot be given as NEWALL was detained leaving the scene, not actually inside the premises.

• A special warning is appropriate as NEWALL was detained at a place at or about the time that the offence was alleged to have been committed.

• A special warning cannot be given as NEWALL was not found at the scene by a constable.

• A special warning is appropriate because NEWALL has failed or refused to account for her presence at the scene.

PC GUNN arrests HORNER at the scene of a burglary just after it has occurred. During the subsequent interview PC GUNN informs HORNER that she believes his presence there was due to him taking part in the burglary. HORNER claims that he was visiting his friend, O’SULLIVAN, next door to the premises. PC GUNN is unable to obtain a statement from O’SULLIVAN, as there is no reply when she calls at the address in question. Can PC GUNN give a special warning regarding HORNER’s presence at the scene in accordance with Section 37 of PACE in these circumstances?

• No, because HORNER has not refused to account for his presence at the scene.

• Yes, because PC GUNN cannot verify HORNER’s account

• No, because O’SULLIVAN has not yet provided a statement.

• Yes, provided that PC GUNN does not reasonably believe HORNER’s account.

You attend an intruder alarm activation at a jewellers shop on the High Street. Upon arrival you can see that the front display window has been smashed and it appears that property has been taken. An area search is immediately initiated and in bushes nearby you find HARRIS hiding. You arrest him on suspicion of burglary. During interview HARRIS claims that the reason for him being in the bushes is that he was abducted by aliens and dumped there just before the police arrived. In these circumstances, under which Section of the Criminal Justice and Public Order Act 1994 would you give HARRIS a special warning?

• SEC 34

• SEC 35

• SEC 36

• SEC 37

You are on patrol in New Street, Sandford at 03.00 hrs when you hear the sound of breaking glass. As you walk around the corner you see AHMED walking towards you. Behind him you can see the display window of an electrical store which has been smashed. AHMED is carrying a brand new Blu-ray player and a short length of scaffolding pole. When he sees you he drops these objects and runs off. You give chase and catch him a short distance away. You arrest him on suspicion of burglary. The Blu-ray player and scaffolding pole are recovered. When you interview AHMED he makes no comment. Under Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 how many special warnings and for what facts should you give?

• None. AHMED is not obliged to answer any of your questions.

• One. Covering why he was outside the electrical store and the property he had with him.

• Two. One covering why he was outside the electrical store and one for the Blu-ray player and scaffolding pole.

• Three. One covering why he was outside the electrical store, one for the Blu-ray player and a separate one for the scaffolding pole.

Under certain circumstances Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 allow for a proper inference to be drawn by a court or jury. For an inference to be drawn there is a requirement for the interviewing officer to first tell the interviewee in ordinary, clear, non-technical language, certain things. Which one of the following is not such a requirement

• What offence they are investigating.

• What fact they are asking the suspect to account for.

• Whether the fact comes under Section 36 or 37 of the Act.

• That a court may draw a proper inference from their silence if they fail or refuse to account for the fact about which they are being questioned

Under Section 36 of the Criminal Justice and Public Order Act 1994 when a suspect who is interviewed after arrest fails or refuses to answer certain questions, or to answer them satisfactorily after due warning, a court or jury may draw proper inference from this silence. In order for such an inference to apply under this Section, it must be established that there was:

• Anywhere on his person, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances or marks on such objects.

• On his person, in or on his clothing or footwear, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances or marks on such objects.

• On his person, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances, or marks on such objects.

• On his person, in or on his clothing or footwear, or in the place where he was arrested, any objects, marks or substances