ABSTRACT
Having taken statements from witnesses and carried out all other investigation it is usual to interview the defendant. Chapter 7 deals with this subject more comprehensively. Whereas there is no rule from preventing the officer from interviewing the defendant at the outset of the investigation, the effect of delaying this is to enable the officer to make further probing inquiries of the defendant on the strength of the evidence already collated. If, for example, the defendant cannot recall being on
open to the investigating officer to put to the defendant at interview that he was seen entering the premises 10 minutes earlier. Furthermore, subsequent investigations often give rise to the need for further interviews. This could pose problems for the officer if the defendant is reluctant to be re-interviewed. If the defendant has already been told that he will be reported, a further interview would likely be a breach of the Police and Criminal Evidence Act 1984 code of conduct. The practice of interviewing the defendant at the closing stages of the investigation should not prevent the officer from cautioning the defendant at the early stages and asking him a few brief pertinent questions. Late interviews give the defendant the opportunity to consider his position carefully and enable him to give answers which he might not have given if questioned closer to the event. An example which might illustrate this point occurred when a publican was charged with allowing indecent acts on stage. There was a defence of due diligence open to him until the police officer asked whether he had laid down any ground rules as to what the performers were entitled to do. The answer was given in the negative and a guilty plea followed to a charge of breach of condition of a public entertainment licence.
