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Vulnerable Suspects

Vulnerable Suspects. Have we learned the lessons from the past ? How do we recognise vulnerable suspects ? How do we treat them within the investigation process? Talk will be based on the legislation and guidance concerning England and Wales. The Past.

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Vulnerable Suspects

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  1. Vulnerable Suspects Have we learned the lessons from the past ? How do we recognise vulnerable suspects ? How do we treat them within the investigation process? Talk will be based on the legislation and guidance concerning England and Wales Mick Confrey

  2. The Past Numerous convictions based on confessions later reversed- when new evidence contradicting the confession was exposed – in some cases too late Expert evidence from psychiatrists and psychologists not accepted IQ big factor - expert evidence where IQ is 72 not needed (Lord Chief Justice 1986) Mick Confrey

  3. The Change 1984 – Police and Criminal Evidence Act routine tape recording of suspect interviews. Protection of vulnerable persons in custody. 1991- Court of Appeal accepts concept of suggestibility under interrogation (Raghip, Braithwaite and Silcott) DNA as evidence Recognition of the weakness of eyewitness evidence Police adopt an evidence led approach Mick Confrey

  4. Evidence Confession TO Mick Confrey

  5. Confession Evidence Mick Confrey

  6. Present PACE 1984- If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such ( Code C 1.4) Mick Confrey

  7. Route into custody Mick Confrey

  8. Easy ? Some people with mental disorders have adopted coping mechanisms to hide their disorder Only if the person’s disorder is easily recognised by police officers and medical staff within the custody area Mick Confrey

  9. Case Study • Plausible Confession To Murder ? • Undiagnosed mental/personality disorder • Safeguards • Sometimes the left hand doesn’t talk to the right hand ! Mick Confrey

  10. So what have we learned ? • Can it happen elsewhere? • Has it happened elsewhere with more serious results ? • What safeguards helped us ? • What safeguards have you got ? • Other challenges Mick Confrey

  11. Questions ? Mick Confrey Specialist Investigative Interview Adviser - Greater Manchester Police Mick Confrey

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