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Interviewing a Vulnerable Suspect A Case Study. Detective Sergeant Martin Vaughan BA (Hons), Pg Dip., Cert Ed. Force Interview Advisor ACPO Accredited Advisor- Wales. Victim. Zoe Ann DAVID Born : 18 th July 2004 Died : 19 th June 2009 Has a 12 year old brother
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Interviewing a Vulnerable Suspect A Case Study Detective Sergeant Martin VaughanBA (Hons), Pg Dip., Cert Ed.Force Interview AdvisorACPO Accredited Advisor- Wales
Victim Zoe Ann DAVID Born : 18th July 2004 Died : 19th June 2009 Has a 12 year old brother Both children placed on CPR on the 13th June 2007 under the category of Neglect following concerns about Zoe DAVID’s physical and mental health and her ability to meet the children’s basic care needs. There had been recent concerns regarding stability due to the number of moves and Ms DAVID’s engagement with agencies had been poor. Detective Sergeant Martin Vaughan
Offender ZOE DAVID Born : 14th May 1975 1 of 6 children Brother died of a brain tumour when aged 12 years. Father died of drugs O/D 18 years earlier Indecently assaulted between age of 9 and 11 years old Placed in a children home when aged 15 years old As adult lived in numerous addresses moving constantly Concerns over her mental health Cannabis user No friends Detective Sergeant Martin Vaughan
Annex G Codes of Practice 2006 A detainee may be at risk in an interview if it is considered: • It could significantly harm the detainee’s physical or mental state • Anything the detainee says in the interview about their involvement or suspected involvement in the offence about which they are being interviewed might be considered unreliable in subsequent court proceedings because of their physical or mental state Detective Sergeant Martin Vaughan
Annex G Codes of Practice 2006 Consider the following when assessing: • How it might affect their ability to understand the nature and purpose of the interview, to comprehend what is being asked and to appreciate the significance of any answers given and make rational decisions about whether they want to say anything • The extent to which replies may be affected by their state rather than representing a rational and accurate explanation of their involvement in the offence • How the nature of the interview, which could include particularly probing questions, might affect the detainee Detective Sergeant Martin Vaughan
Interactional Model of Interrogative Process Police factors • Custodial pressures • Interrogative pressures • Personality of Interviewers Vulnerabilities • Physical health • Mental health • Psychological vulnerabilities Support • Solicitor • Appropriate adult Gudjonnsson (2003) – ‘Psychology brings justice: the science of forensic psychology’, Criminal Behaviour and mental health, 13: 159 -67 Case Characteristics Suspect’s responses Detective Sergeant Martin Vaughan
Interrogative Suggestibility Conti,R (1999) : The Psychology of False Confessions The Journal of Credibility Assessment and Witness Psychology: Vol. 2 No.1 Reports Gudjonnsons (1991:p280) definition of interrogative suggestibility as : “The extent to which within a closed social interaction, people come to accept messages communicated during formal questioning, as the result of which their subsequent behavioural response is affected.” Detective Sergeant Martin Vaughan
Questions for your expert • Can DP • Understand the questions • Understand the caution • Understand the nature and purpose of the interview • Understand the significance of questions and answers • Mental state affect capacity to tell the truth • Interview cause harm Detective Sergeant Martin Vaughan
Functions of the mind T. Williams – Forensic Psychiatrist Caswell Clinic South Wales, UK Detective Sergeant Martin Vaughan
What to look for • Appearance and behaviour • Distractibility, arousal, slowed, fluctuating consciousness , overactive, responding to things that are not there • Speech • Incoherent, illogical, rambling or preoccupation • Mood • Obvious depression • Infectious inappropriate good humour Detective Sergeant Martin Vaughan
Issues for Interview Co-ordinator Detective Sergeant Martin Vaughan
Minimising Potential Miscarriages of Justice • Choice of interviewer is important • Ensure interviewers are appropriately trained • Interview environment must be appropriate • Ensure safeguards are put in place to support the DP through the interview process • Develop appropriate questioning strategy • Check understanding of ground rules • Interviewer as a facilitator offering constructive feedback boosting confidence, reducing stress • Interviews should aim for the truth not a confession • Monitor the length of interviews • Statements issued should be corroborated by other evidence • Visually record interview process Detective Sergeant Martin Vaughan
Detective Sergeant Martin VaughanBA (Hons), Pg Dip., Cert Ed.Force Interview AdvisorACPO Accredited Advisor- Wales 07980 236304 martin.vaughan@gwent.pnn.police.uk Detective Sergeant Martin Vaughan