Tale dichiarazione è stata resa dalla parte in sede di interrogatorio non formale e di conseguenza non potrebbe avere in alcun modo valore di confessione. interviewee not knowing which part of the question to answer. what procedures have taken place or are being considered, eg, fingerprinting, intimate and non-intimate samples. Pagina del sito dell'avvocato Paolo Nesta contenente formulario di atti e modulistica disponibile per i colleghi avvocati, praticanti e studenti di giurisprudenza. video-recording of interviews (Code F 3.1–3.6, Notes 3A–3 F). 2730 e 2731 c.c. (1) L'interrogatorio formale può essere reso solo dalla parte che sia legittimata a rendere la confessione ai sensi degli artt. a solicitor who holds a current practising certificate, an accredited or probationary representative included on the register of representatives maintained by the, investigate the police case, the prosecution evidence, the police investigation and all police contact with, and conduct towards, the client, act in their client’s best interest, providing best advice, assess the extent of the client’s vulnerability and ability to comprehend, cope and communicate to best effect in any police interview, identify the safest responses by the client, eg, to remain silent, provide a written statement or to answer police questions, influence the police to accept their client is not guilty, influence the police not to charge their client, influence the police to make the most favourable case disposal decision for their client, implementing the most constructive alternative to charging relative to the circumstances of the case and the client. They must: Note: Fingerprints and DNA should not be taken at a voluntary interview. the particulars of the suspect’s arrest and detention, their treatment and observance of their rights, what investigation has taken place or is being considered. See CPS guidance and Sentencing Council Guidelines (2007) Reduction in Sentence for a Guilty Plea. This means that interviewers are not bound by the same rules of evidence that lawyers must abide by. The police officer or member of police staff should accurately record the content and context of the representation in the custody or identification parade record, or in their pocket notebook. examining any information, identified during the planning phase, that has not already been covered. There is also no requirement to explain to the legal adviser the reason for withholding material from the pre-interview briefing, although officers may subsequently need to explain their reasons to the court. College of Policing (2020) Interpreting, Briefing the Interviewee: Aide memoire for Interpreter assisted interviews. Disclosure under the provisions of the Criminal Procedure and Investigations Act 1996 begins after a suspect has been charged. This is not always easy, especially if the person is previously unknown to the police. [ » Il ravvedimento operoso L'articolo 13 del decreto legislativo 18 dicembre 1997, n. 472, come modificato dall'articolo 16 del Dl del 29 novembre 2008, n. 185 e successive modificazioni, consente di regolarizzare, mediante il ravvedimento, le violazioni commesse in sede di imposte dirette (es. be prepared to justify their reasons to a court. Code E paragraph 2.3 provides an exemption which allows a written interview record to be made in place of an audio/visual recording, in certain situations. the remote monitoring system should only be able to be operational when the tape recorder has been turned on, a light, which automatically illuminates upon activation of remote monitoring, should be visible to all in the interview room, all interview rooms with remote monitoring equipment should prominently display a notice referring to the capacity for remote monitoring and to bring attention to the fact that the warning light will illuminate to signify that remote monitoring is taking place, at the beginning of the interview, the contents of the notice must be explained to the suspect by the interviewing officer (the explanation itself should be recorded on the tape). The provision of factual information does not constitute an interview, provided that no comments are invited nor any specific questions asked. In particular, the right to be informed about the offence and (as the case may be) any further offences for which they are arrested while in custody, and why they have been arrested and detained. The suspect must also be advised of the additional rights, entitlements and safeguards set out in para 3.21A PACE Code C that apply to voluntary interviews. See PACE Code C paragraph 10.9 and paragraph 11.5 for clarification. lied before, why should the jury believe you?’, the defendant can now also be challenged. The aim of investigative interviewing is to obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation. The legal adviser requires the following information prior to the interview: In order to advise their client prior to a police interview or other procedure, a solicitor needs to obtain as much information as possible about the case. The investigator should, therefore, identify those conditions in framing questions. 230 c.p.c. 2) JUZGADOR ACTITUDES Dentro del término de 3 días NOTIFICA a la contraparte con copia de la misma y señala día y hora para la AUDIENCIA ÚNICA (354) 182. endobj
The Law Society indicates that the role of the legal adviser is to: The legal adviser cannot prevent the suspect from answering questions if they choose to do so, nor can they answer questions on behalf of the suspect. The purpose of an adverse inference package is to highlight to the CPS the various points during the interview where the suspect was given the opportunity to mention something that they are relying on in their defence statement. The techniques of investigative interviewing will help investigators to achieve results in even the most unpromising circumstances. Where the investigator is aware that a statement has been prepared but is not submitted, the interview should be conducted as planned, based on the material available to the investigator at that time. Active listening assists the interviewer to establish and maintain a rapport. 1 0 obj
stating that a record is being made of the interview and that it may be given in evidence if the suspect is brought to trial. during the post-charge disclosure processes. Conducting an investigative interview is not the same as proving an argument in court. Interviewing is complex. ES También se podrá practicar, a petición de parte, el interrogatorio de la contraria cuando se den las mismas circunstancias señaladas en el apartado anterior. The jury can be invited to consider why an innocent party would refuse to answer reasonable questions and whether any defence offered was plausible. 232 c.p.c.) Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. It should include the names of the officers monitoring the interview and the purpose of the monitoring, ie, for training or to assist with the investigation. R v Hanson  EWCA Crim 824 highlights that a propensity for untruthfulness is not intended to be the same as a propensity for dishonesty. This can be difficult for officers who are not experienced in investigative interviewing. They can also: The information obtained as a result of leading questions may be less credible and in extreme cases could be ruled inadmissible. Investigators must be properly prepared. Legal advisers will try to obtain as much information as possible from the investigator, custody staff and their client, while working within their legal framework. Potentially sensitive issues such as an interviewee’s sexual orientation or gender assignment should be approached tactfully, if these matters become relevant to the interview. Consistent performance – Criminal investigation largely takes place away from the police station. Investigation is a core duty of policing. where the briefing should be conducted, especially if this is the first time the investigator has met the legal adviser, for example, using an interview room or an appropriate office in the police station, how the investigator will respond to requests for further information from the legal adviser, whether there should be staged disclosure of the material recovered, recording what material has been disclosed prior to the interview either by audio-recording or providing a handwritten or typed document, how the submission of a prepared statement and/or no comment interview will be managed. interviewees might guess the answer by selecting one of the options given, interviewees might simply say ‘yes’ in response to the question, leaving the interviewer to guess which part of the question the response applies to, or needing to ask a follow-up question to clarify it. A written interview plan should be used for key witnesses, as well as suspects. If a pre-prepared statement is handed in, or read out by the suspect’s legal representative at the beginning of an interview, the investigator is still entitled to question the suspect about either the contents of the prepared statement or other matters. The interview was not restricted to issues of material and admissible evidence. The interviewer should try not to be swayed by the no comment response. identify topics during the interview and, therefore, manage the conversation, communicate interest to the interviewee in their account. Interviews should be conducted as soon as possible after the incident, in a quiet place, with minimum distraction and maximum privacy (eg, a car or quiet room). Investigators have a duty to maximise the amount of material available to the courts. The interviewer must also consider the relevant points to prove for the offence in question. Where a prepared statement containing material that is new to the investigation is tendered at the point of charge, consideration may be given to interviewing the suspect about it if they are still in custody. © College of Policing (2021). ), risalente a un’antica tradizione, e quello non formale (o libero), introdotto dal codice del 1940 (art. at the end of a relevant topic, in the early stages of an interview. For further information see note-taking systems. The suspect should be reminded of their entitlement to free legal advice. allow the suspect time to answer (do not interrupt), allow the suspect the opportunity to establish their position, the use of open questions, eg, ‘Tell me about your movements from leaving home yesterday morning and returning home yesterday evening’, if the suspect avoids the question or does not answer, persist with questions worded to give an extended response, if the suspect replies with their own concerns initially, the investigator should briefly respond and have another open question ready, if the suspect denies knowledge of the incident, the interviewer should ask about the suspect’s movements at the relevant time, avoid interrupting the suspect while they are giving their account (interruptions may cause repercussions later and could result in miscarriage of justice, they may also inhibit the flow of information), accurate note-taking to assist in summarising the suspect’s account, identifying topics for probing and using appropriate questions to expand the account, eg, ‘What time did you leave the house?’, ‘Tell me about your journey to the club’, select objectives for further probing using what, why, where, when, who, how, tell, explain and describe. How the material is obtained during interview helps to establish the accuracy of the matter under investigation and should be considered carefully. The provision only applies to criminal proceedings. the investigator wants the suspect to account for objects, substances or marks found on or about the suspect at the time of their arrest, or, the investigator wants the suspect to account for their presence in a place at the time an offence was committed, or. It is possible to compare the PEACE model of interviewing with the Framework of Investigative Interviewing as set out in MOJ (2011) Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and using Special Measures. In particular, they can: Without the accounts of those who played a central role in the crime, or those who have witnessed an important aspect of the commission of a crime, other sources of material such as CCTV images, fingerprints and forensic material, although extremely important, may have little value. For further information see case law examples R v Hanson and others  EWCA Crim 824, R v Edwards  EWCA Crim 1813. Statements may be taken at the scene immediately following an incident or at a later time or place, eg, at a police station, the witness’s home or another location. Interviews with victims and witnesses are conducted at scenes of crime, at witnesses’ homes, at their place of work, in cars and in the street. Where the witness is considered to be a significant witness, see video of witness interview. An interview may not be used solely for obtaining information about an investigation. It is, therefore, in the investigator’s interest to assist through efficient planning and preparation. A voluntary interview is a method of dealing with suspects without arresting them. Legal advisers act in the best interests of their clients. OFFERTA REALE E PER INTIMAZIONE. The suspect could, in the circumstances existing at the time, reasonably have been expected to mention the facts they relied on at trial. This is a matter for investigators. This is the point at which the investigator outlines the offence for which the suspect has been arrested and the purpose of the subsequent interview. Investigators should not normally provide self-represented suspects with material prior to interview as they may not, without context, fully appreciate the evidential value of the material provided. may have the potential disadvantage of restricting an interviewee’s account. any risk or disadvantage to the defence of the suspect. The interviewer should use questioning to probe and summarise. Court – has a fuller and more accurate picture of the offending and is able to sentence more appropriately. Police officers involved in the arrest, investigation or detention of a suspect must also ensure that they plan and prepare for any interaction or interview with a legal adviser, including the pre-interview briefing. Various question types may be used, but in witness interviews it is considered good practice to use free recall to encourage the individual to give an account of the situation. However, the interviewer still needs to make notes and use them to clarify the suspect’s account. Any notes that are made must be retained, as the prosecution may need to disclose any unused material. An in-depth knowledge of PACE and the current Codes of Practice assists officers to respond to representations made by, or on behalf of, a suspect. It may also be used to provide witnesses and victims with important information, for example, about court proceedings, protection of identity, special measures, disclosure, intermediaries and witness protection. Voluntary attendance (VA) or a voluntary interview can be used to interview a suspect who is not under arrest for the commission of a criminal offence. For example, ‘Who did that?’ ‘What did he say?’ ‘Where does he live?’ ’When did this happen?’ This type of question: For example, ‘Was the car an estate or a saloon?’ In this situation: For example, ‘Where did he come from, what did he look like and where did he go to?’ These questions may also refer to multiple concepts, eg,’What did they look like’ and confusion might arise as a result of the: For example, ‘You saw the gun, didn’t you?’ implies the answer or assumes facts that are likely to be disputed. Two interviewers asking multiple questions in an unstructured manner is unlikely to achieve the interview’s objective. The investigator has to choose the grounds and timing in cases where the provision is likely to apply, in order to remain within the spirit of the law and for the testimony to be admissible. Interviewers should think about what they want to achieve by interviewing the victim, witness or suspect, and set objectives which will help to corroborate or disprove information already known. Se la parte è priva della capacità di disporre di tale diritto (si pensi ad esempio all'interdetto), spetta al suo rappresentante legale costituito in giudizio rendere l'interrogatorio. The overall aim of the NSSGII is to provide direction on the development of policy, practices and procedures to ensure that the interviewing of victims, witnesses and suspects supports professional investigation. A structure should, therefore, be in place for effective note-taking. C. Prova per giuramento decisorio: PACE Code C paragraph 10.10 and paragraph 10.11. Does that propensity make it more likely that the defendant committed the offence charged? Investigators will be requested to provide a range of material and information, which may or may not have been collected at the time the pre-interview briefing takes place or when the suspect is initially interviewed. It provides convenience and flexibility for both suspects and interviewers, but can present additional risks which need to be managed appropriately. The following advice can be accessed through the NSSGII support network: There are five phases to the PEACE framework. Issues relating to correcting false impressions or attacking the character of prosecution witnesses are more likely to occur at trial and are matters for the prosecutor. This may include, for example, behavioural traits. Previous examples of false denials can then be raised. The provision is directed towards assessing the probative value of any remarks made by the defendant at interview or in their defence. Being methodical helps both the interviewer and interviewee. 375 comma 3 c.p.p., sussiste anche nell'ipotesi in cui il predetto sia già stato sottoposto ad interrogatorio in sede di convalida dell'arresto, ex art. In R v Fulling  2 ALLER 65, Lord Chief Justice Taylor stated that oppression is defined as: the exercise of authority or power in a burdensome, harsh, or wrongful manner, or unjust or cruel treatment of subjects or inferiors, or the imposition of unreasonable or unjust burdens in circumstances which would almost always entail some impropriety on the part of the [interviewer]. age – knowing the interviewee’s age helps to determine the best time to undertake the interview and whether an appropriate adult/interview supporter is required, cultural background – this can affect the way a person prefers to be addressed, and may also indicate the need for an interpreter, religion or belief – eg, interviewers may need to take prayer requirements into account, domestic circumstances – this can help to identify other people who may be useful to the investigation, eg, family, associates or neighbours, physical and mental health – knowledge of an existing medical condition and ensuring that appropriate facilities are used, previous contact with the police – this helps to determine factors such as the interviewee’s reaction, and the interviewer’s safety.