Questioning

Questioning

The questioning of those suspected of committing a crime is one of the most crucial parts of the investigation process. An admission at the interrogation stage can be vital to the prosecution case and one of the primary grounds for detention without charge at the police station is for the sole purpose of obtaining evidence by questioning.

There are two types of interviews:

•
those governed by the Police and Criminal Evidence Act 1984 (PACE 1984) and its Codes of Practice, and
•
those conducted under the Criminal Justice Act 1987 (CJA 1987)

Interviews under PACE 1984

An interview is defined in the PACE 1984 Codes of Practice as the questioning of a person regarding their involvement or suspected involvement in a criminal offence that must be carried out under caution.

Interviews are normally conducted at the police station. The PACE 1984 Codes of Practice expressly state that once a decision has been made to arrest a person, they must not be interviewed about the offence except at a police station. There are some exceptions. For example, a person can be interviewed outside a

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Corporate Crime News

Environmental enforcement round up —3 December 2024

A round-up of the latest environmental enforcement, including a man prosecuted for damaging a Site of Special Scientific Interest.

HMT implements domestic counter-terrorism sanctions targeting Northern Ireland

HM Treasury (HMT) has announced the first use of its domestic counter-terrorism financial sanctions regime targeting Northern Ireland related terrorism. A full asset freeze has been imposed on Brian Sheridan, an individual suspected of facilitating terrorism and associating with members of the New Irish Republican Army (New IRA). The sanctions, implemented under the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (SI 2019/577), extend to companies controlled by Sheridan, including Brisher Ltd. This action prohibits all UK persons and entities from maintaining any direct or indirect financial relationship with Sheridan or his associated companies without a licence from HMT, effectively freezing all funds and economic resources owned, held, or controlled by him in the UK.

Home Office intensifies crackdown on illegal working and immigration offences

The Home Office has reported a significant increase in enforcement actions against illegal working, with arrests rising by 25% and visits up by 34% since July 2024. Operation Tornado, targeting nail bars and convenience stores, resulted in 154 arrests and potential civil penalties of up to £4m. The government has redirected resources from the now-closed Rwanda deportation scheme to focus on returning individuals with no right to remain in the UK, contributing to nearly 10,000 returns since the general election. Additionally, the Home Secretary has signed a joint statement with Iraq to combat people smuggling, and the government has committed £150m over two years to tackle organised immigration crime. These measures form part of a broader strategy to reduce net migration, enhance border security, and reform the asylum system.

EA publishes guidance on appealing regulatory decisions

The Environment Agency (EA) has published guidance on appealing its regulatory decisions or reporting instances of non-compliance with the Regulators’ Code. The guidance specifies when this procedure should be used, the process and timelines for submitting an appeal, and the steps involved in an initial and impartial review after submission. It also differentiates between regulatory and non-regulatory decisions. The guidance indicates that the EA should provide an outcome within 28 calendar days of receiving a regulatory appeal. However, if a statutory right of appeal exists, this procedure should not be used, and the appeal process outlined in the documents from the EA should be followed.

View Corporate Crime by content type :

News