 |
|
|
|
|
|
|
|
 |
|
||||||
|
|||||||
you are here: > Oceanic Union Police Code
> Article 70
 |
9. Police
investigations
|
|
| Article 70-1st interview | ||
| 70.1 | 1st interview | |
| Th 1st interview is the single most important investigative tool of the police officer in discovering the facts of a case and establishing the likely suspect and evidence of the crime. | ||
| Under the Judicial Code, a person who has been arrested must face a 1st interview at which they are compelled to answer each question fully and truthfully. | ||
| The failure to answer, reluctance to answer immediately allows the police to charge the person to the level of seriousness of the offence being investigated. | ||
| 70.2 | Definition | |
| A 1st interview is the very first interview of an accused after their arrest at which the suspect is compelled by law to answer all facts presented to them (excluding any direct accusations) which may involve electronic monitoring equipment, recording equipment and is permitted without the presence of a defense attorney. | ||
| 70.3 | Lawful 1st interview | |
| A lawful 1st interview is one that is conducted according to the rules and conditions of this Article. An unlawful 1st interview is one that is not conducted according to the rules and conditions of this Article. | ||
| An unlawful 1st interview is not permitted to be entered into evidence against an accused person. The principle elements of a lawful 1st interview are: | ||
| 1. That the person has been formally arrested (whether or not they have been charged). | ||
| 2. That a court official is present for the 1st interview. | ||
| 3. That only permitted questions of fact, excluding direct accusations against the suspect are asked. | ||
| 4. That the 1st interview is properly recorded. | ||
| 70.4 | Arrested person- compelled to answer truthfully | |
| An arrested person is compelled to answer all lawful questions of a 1st interview fully and truthfully. Failure to answer fully and truthfully shall immediately be deemed an obstruction of justice. | ||
| Furthermore, a failure to provide factual information that subsequently can be proved the suspect did know at the time of the 1st interview that resulted directly/indirectly to the death or serious injury of one or more persons, or the commission of some other crime shall carry the charge as if the suspect had committed the crime themselves. | ||
| 70.5 | Permitted questions | |
| During a 1st interview, law enforcement officials, in the presence of a court official are permitted to ask the suspect questions of fact, to which the suspect is compelled to answer truthfully and fully under the threat of serious penalty. | ||
| The essential elements of permitted questions are: | ||
| (a) Only questions of fact, not accusation | ||
| Only questions of fact in which the suspect is required to answer based on their knowledge of such facts are permitted. No question or statement implying a direct guilt or accusation to the suspect is permitted. | ||
| (b) The exact same worded question may only be put a maximum of four times in a 1st interview | ||
| Regardless of the willingness or refusal of a suspect to answer a question, an exactly worded question may only be permitted to be asked a total of four times in a 1st interview. | ||
| 70.6 | Maximum length of 1st interview | |
| The maximum length of 1st interview may not exceed four (4) hours. | ||
| 70.7 | End of a 1st interview | |
| The end of a 1st interview is when the leading law enforcement investigator does inform the suspect that the 1st interview has ended. No action prior to this event by either any other law enforcement official or suspect or person associated with the suspect shall rightfully terminate the 1st interview. | ||
| 70.8 | Temporary suspension of a 1st interview | |
| Law enforcement officials may temporarily suspend a 1st interview on no more than three occassions during the interview process, with the total time elapsed between these occassions not exceeding twelve (12) hours. | ||
| A suspect may require the 1st interview temporarily suspended for medical emergency reasons for no more than one occassion, with the total time elapsed not exceeding twelve (12) hours. During that period, the suspect shall remain under arrest, even if being attended medical treatment. | ||
| 70.9 | Forced 1st interview when faced with refusal by suspect | |
| The refusal by a suspect to be submitted to a 1st interview shall not be grounds in any circumstances for the 1st interview to be cancelled, terminated early or not commenced. | ||
| Where a suspect physically and/or verbally refuses to be submitted to a 1st interview, law enforcement officials shall have the right to forcibly restraint the suspect in a place in which to conduct the 1st interview, whether or not they answer the questions truthfully or not. | ||
| Where a suspect undergoes extensive medical attention over a period not exceeding two (2) days, law enforcement officials shall be permitted to take that suspect to a place, even if still under medical supervision and conduct the 1st interview, providing the suspects life is not immediately threatened. | ||
Copyright © 1999-2007 Oceanic-Union.Org. All rights reserved. |
||