What can they ask you?
I am often asked by clients what kind of questions may be asked by the police in interview? The answer is a wide one - lets take a stab.
The questioning must be relevant.
Lets take a example of a allegation of a theft from a shop. Clearly any questioning about a theft from a shop would not cover topics like who won the FA cup last week.
The questioning must be relevant. It must be about the offence in question. For instance if the offence happened in Sainsburys what would be relevant is what happened in Sainsburys that day. Not what event happened three months ago at your home address involving your partner.
2. It should be legal.
Again take the offence above - shop theft.
Now theft is defined in law as "The dishonest appropriation of property with the intention of permanently depriving the owner of it".
So I would expect questions in a voluntary interview or otherwise like:
Did you take the item? - relevance Appropriation.
Why did you take the item? - relevance Intention.
Did you intend to return it? - relevance Permanently depriving the owner
Whose item was it? relevance - Owner
You should be aware that most voluntary interviews cover several offences. It is therefore important to know the legal definitions of the offences concerned and to get disclosure from the police officer of what evidence the police have got - see our previous blog posts about police disclosure.
Oh by the way! you need a criminal solicitor or police station accredited representative. If you want to know why again look at our previous blog posts.
3. Questioning should be fair.
Presently U have a book open on my table re Police questioning
It sets out unfair questions and I'll just list them for you to show you how many there are!
Questioning should not be:
About other offences.
Concerning a co-suspect.
Based on dubious or non existent evidence.
Amount to a inducement to confess.
Right so what are these then?
Well frankly the only way you are going to know what is and what is not is if you are a criminal lawyer or police station representative. A word of advice. Get one for the interview! In England and Wales it is free under the legal advice and assistance scheme. Ask the police to contact the duty solicitor on your behalf or contact a local criminal solicitor who does criminal legal aid work. Its free and may make the difference between you going to prison or you walking out of the station without a stain on your character.
If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London.