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1 Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title Investigative Interviewing Policy Version 2 Summary An over-arching interview policy enabling individual policies and operating procedures relating to investigative interviewing to be accessible from one place. Branch / OCU SC&O21 Author Crime Academy and Review Group Date created May 2012 Review date May 2016

2 Introduction This revised policy provides guidance in relation to investigative interviewing and brings together all relevant policies and operating procedures in that field. It replaces the policy published at item 1, Notices 10/08, which is now cancelled. Application This policy takes immediate effect. All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor's Office for Policing and Crime (MOPC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. However, this policy applies in particular to officers and staff in the following roles: Police Officers and Police Staff who conduct investigative interviews; First line managers of such interviews; Any police officers or police staff who assess interviews; and Police officers and police staff who design and deliver training in respect of criminal investigations and investigative interviewing. Note: this list is not intended to be exhaustive. Purpose To enhance the standard of investigative interviewing within the Metropolitan Police Service (MPS), by improving the quality of service given to witnesses, including victims, by the MPS by enabling them to achieve their best evidence and trying to ensure that they are given greater access to the Criminal Justice system and thereby narrowing the justice gap. To provide a single point of reference, for procedures and guidance relating to investigative interviewing. Scope An investigative interview for the purpose of this policy is defined as follows: The questioning of a person regarding that person s involvement or suspected involvement in a criminal offence or offences which, under paragraph 10.1 of the PACE Codes of Practice, must be carried out under caution; or

3 The obtaining of an account from a victim or witness in connection with an offence. Witnesses who are 'vulnerable' or 'intimidated' may be subject to separate procedures provided by the Youth Justice and Criminal Evidence Act The MPS also continues to use procedures for Significant witnesses which are set out in Achieving Best Evidence (ABE) in criminal proceedings and guidance on using Special Measures (revised 2011). This policy does not apply to Police Community Support Officers (PCSOs) whose operational deployment is governed by Special Notice 03 of Policy Statement The MPS policy on investigative interviewing is founded on the following principles and Home Office publication Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and using Special Measures The aim of investigative interviewing is to obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation. Investigators must act fairly when questioning victims, witnesses or suspects. Vulnerable people must be treated with particular consideration at all times. Investigative interviewing should be approached with an investigative mindset. Accounts obtained from the person who is being interviewed should always be tested against what the interviewer already knows or what can reasonably be established. When conducting an interview, investigators are free to ask a wide range of questions in order to obtain material which may assist an investigation. They are not limited to asking questions aimed at gathering evidence but they should ensure that the questions asked are appropriate to the case and can be justified to others. Investigators will not know whether a suspect is guilty of an offence. They have a responsibility, however, to provide them with an opportunity to give an account which may include a voluntary admission of guilt. Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent. Even when the right of silence is exercised by a suspect, investigators have a responsibility to put questions to them.

4 In addition: Consultation with an interview advisor should be considered at the earliest opportunity in the following cases; murder, attempted murder, serious physical assault, sexual assault, kidnap, robberies with firearms, road death and any other case that the investigating officer considers it necessary. Consideration should be given to making a visual or audio record an interview with a significant witness. In serious crime investigations, Senior Investigating Officers (SIOs) and Investigating Officers (IOs) must give active consideration to the benefits of making a visual record of interviews with suspects. Consideration must also be given to making such a record in all interviews where the suspect is deaf, unable to read or speak, or has difficulty orally because of a speech impediment. Within the Professional Investigation Programme (PIP) there is an integrated framework designed to improve the standards of investigative interviewing. All substantive detectives in an investigative role and officers with specialist interview skills will be required to measure themselves against the relevant National Occupational Standards on an annual basis. The annual workplace assessment will be conducted through their Personal Development Review (PDR). If an officer with specialist interview skills has not conducted a specialist interview within the reporting period the respective specialist skill will be removed from their Human Resources (HR) record until they attend refresher training and re-qualify. All investigators and interviewers will promote equality and value diversity in accordance with the common national standard set by Skills for Justice. All victims, witnesses and suspects will be treated fairly and with respect according to their needs regardless of race, religion, background, gender, age, sexuality or any disability. Benefits This policy gives readily accessible, clear guidance and instruction to Officers to enable them to take account of the witness needs and views and ensure that their interview skills assist victims and witnesses to achieve their best evidence for use within the Criminal Justice process.. Responsibilities Specialist Crime and Operations (SC&O), through the chair of the SC&O Policy Forum, owns this policy.

5 Implementation of the policy on interviewing and its associated texts is the responsibility of the Investigative Interviewing Steering Group. The Crime Academy and Review Group is responsible for monitoring and reviewing the policy. Associated Documents and Policies MPS websites Virtual Academy website - Interviewing - This website includes the following: ABE - 3rd Edition This document replaces all previous editions of ABE guidance and the Memorandum of Good Practice. Achieving Best Evidence in Criminal Proceedings - This guidance describes good practice in interviewing witnesses, including victims, in order to enable them to give their best evidence in criminal proceedings. It considers preparing and planning for interviews with witnesses, decisions about whether or not to conduct an interview, and decisions about whether the interview should be video-recorded or whether it would be more appropriate for a written statement to be taken following the interview. ACPO Advice on the Structure of Visually Recorded Witness Interviews - This guidance deals with problems that have been highlighted regarding the way visually recorded interviews are carried out and how they translate into evidence at court. ACPO / CPS TIC Guidance - A document detailing National guidance regarding Offences to be Taken Into Consideration. A useful and comprehensive document, but please note that the MPS do not follow the guidance in respect of 'Offences admitted post sentence'. ACPO Position Statement: Dealing with Prepared Statements in Investigative Suspect Interviews - This guidance is designed to assist the interviewer in their approach when dealing with prepared statements in interview. ACPO Position Statement: How to Use DNA/Fingerprints in the Interview - These guidance notes illustrate how investigators and interviewers can deal with evidence of a forensic nature, generally fingerprints and DNA identifications within an investigation. ACPO Position Statement: Interviewing Child Witnesses in Major Crime Investigation - Guidance for Senior Investigating Officers

6 (SIOs) on recommended approach to assessing and interviewing child witnesses. ACPO Position Statement: Interviewing Suspects About Offences Taken Into Consideration - clarifies the process of how offences can be taken into consideration (TIC) ACPO Position Statement: Maximising the Sentencing Guidelines Within a Suspect Interview - outlines a uniform approach on how to use 'Sentencing Guidelines'. ACPO Position Statement: The Presence of Supporters During Interviews with Witnesses - The purpose of this guide is to clarify the role of interview supporters for witnesses and to dispel the enduring myth that suggests that an appropriate adult is required during vulnerable witness interviews. ACPO Position Statement: Truth & Lies Declaration & Oaths in Video-Recorded Witness Interviews - addresses common misunderstandings around these issues. Guide to Investigative Interviewing - The purpose of this Guide is to support all investigators in the development of effective interviewing skills when interviewing victims, witnesses and suspects. Ministry of Justice Circular 2011/03 - The circular announces the publication of 'Achieving Best Evidence: Guidance on Interviewing Victims and Witnesses; and guidance on using Special Measures' on 21st March (3rd Edition of ABE) Ministry of Justice Circular 2011/04 - The circular announces the commencement of S & 105 of the Coroners and Justice Act 2009 on 14th June 2011 and details the amendments created by these sections. Implementing Sections & 105 Coroners and Justice Act Further to MoJ Circular 2011/04; this paper outlines the amendments brought about by the implementation of these sections. Offences Taken Into Consideration - Interviewing - An Interactive Module produced in conjunction with TP Emerald, showing the steps required to obtain properly verified and documented admissions from a defendant, regarding other offences. This procedure will allow courts to take those offences into consideration when sentencing; and provide the MPS with correctly recorded and audited 'Sanction Detections'. Suspects who become witnesses - Guidance on how to deal with information gathered during a suspect interview when a person is no longer a suspect and is to be dealt with as a significant witness.

7 Use of Negative Statements - Advice for officers who are required to interview witnesses and obtain such statements. Vulnerable & Intimidated Witnesses: A Police Service Guide - The Ministry of Justice has produced this Service Guide to equip police officers and police staff with information and up to date guidance in order to discharge their responsibilities in relation to the 'Code of Practice for Victims of Crime' and the 'Witness Charter'. Portable Equipment for Visually recorded interviews (Currently liaising with D0I3 regarding up to date procedure-to be added) The MPS PIP website The Crime Academy website Language and Cultural Services TP Criminal Justice (Operation Emerald) website Sexual orientation/ gender reassignment information Legislation The Police and Criminal Evidence Act 1984 and the PACE Codes of Practice The Criminal Procedure and Investigations Act 1997 The Youth Justice and Criminal Evidence Act 1999 The Criminal Justice Act 2003 The Domestic Violence, Crime and Victims Act Coroners and Justice Act 2009 The Victims Code of Practice Notices The following items in Notices are to be cross-referenced to this Notice: Special Notice : - (Tracy Stocker DoI has update re this) Significant witnesses - Contact Logs

8 Item 4 Notices of 12 October 2005: Suspension of workplace assessment for ABE interviewers. The following Notices are cancelled: Item 1, Notices 10/08 of 5 March 2008 Item 2, Notices 13/2005 of 6 April 2005 Item 2 of Notices 27/2003 of 2 July 2003.