Interviewing a Suspect Under PACE 1984

Introduction

The police interview is one of the most important stages of the **investigative process**, and one of the most heavily examined areas of FLK2. This chapter examines the conduct of a suspect interview under the **Codes of Practice** to the **Police and Criminal Evidence Act 1984 ('PACE 1984')**. It covers the **definition of an interview** under **Code C, paragraph 11.1A**, the **caution**, **pre-interview disclosure**, the **recording** of interviews under **Codes E and F**, the **role of the defence solicitor** (including permissible and impermissible interventions under **Code C, Note 6D**), and the **role of the appropriate adult** where the suspect is a **juvenile** or a **mentally vulnerable** person.

Assessment focus

For the SQE1 FLK2 assessment, you must be able to **apply** the rules governing suspect interviews to realistic client-based scenarios. The assessment frequently tests the **boundary between permissible and impermissible solicitor intervention**, the **consequences of failing to caution** (exclusion under **s. 76** or **s. 78 PACE 1984**), the relevance of **inadequate pre-interview disclosure** to advice to remain silent (**R v Howell [2003] EWCA Crim 1** and **s. 34 CJPOA 1994**), and the **distinct roles** of the solicitor and the **appropriate adult**. A recurring trap is a scenario in which the police propose to interview a juvenile with only the solicitor present and **no appropriate adult**. Questions are single best answer questions (SBAQs); this is a **closed-book** assessment, so you must recall the Code references and consequences from memory.

Study tips

1) Memorise the **definition of an interview** (Code C, para 11.1A): any questioning about a person's suspected involvement in an offence, under caution — **regardless of location**. 2) Learn the **prescribed caution wording** and the **three points** at which it must be given (on arrest, at the start of interview, on resumption after a break). 3) Remember that breach of the caution requirement may lead to exclusion under **s. 76** (oppression / unreliability) or **s. 78** (fairness). 4) Master the **permissible vs impermissible interventions** list (Code C, Note 6D; para 6.10). 5) Note the **right to a private consultation at any time** during the interview. 6) Be clear that the **solicitor cannot double up as the appropriate adult** — the roles are separate (Code C, para 1.7, 11.17).