The Criminal Justice and Public Order Act 1994

Once all of the relevant questions have been asked the interview should be summarised. This gives the interviewee opportunity to correct or clarify what has been said in the interview. By doing this it means that it makes it difficult for deceptive interviewees to successfully claim in court that they meant something differently. 21 The time of an interview is important, and when possible the interviewer should arrange it for a time that is suitable for all parties involved but at the earliest possible so the facts are still fresh in their minds.

When interviewing any person there is a sequence of questions that must be asked which are; what, where, when, how, why and who. 22 The interviewer must be prepared to encourage the witness to expand on their account, but not by using leading questions. This usually depends whether they were a witness to a live event such as an eye witness to a robbery and encourage them to re-live what they saw for a better recollection, or a factual matter such as a formal report for a burglary and use open ended questions to encourage a free narrative.

To gain the most out of the interview itself, all of the procedures that can be found in the Codes of Practice in PACE, should be followed as closely as possible. Time should be taken to ensure that the right person is conducting the interview so that they can get the best possible result. If the interviewee has any questions at the beginning or end of the interview the officer, should try and answer them to the best of their knowledge, but if that is not possible then offer to find out the information that the interviewee wants.

This will make them feel more comfortable, which in turn will lead them to relax during the interview. This is all down to a good rapport, and ensuring that all the information possible is gained from the interview. Bail The definition of bail for the purpose of the Police & Criminal Evidence Act 1984 (PACE) can be found in part IV of the Act, where it states that 'the term 'bail'… means bail subjected to a duty to appear before a magistrates' court at such time and such place or to attend at such police station at such time as the custody officer may appoint: s47(3)'27

Once a person has been arrested, as soon as practicable, the custody officer needs to determine whether there is sufficient evidence to charge that person with the offence he has been arrested for28 which enables the officer to detain that person at the station in order to do so. This is set out in S34 (2) of PACE 1984, which deals with the requirements for immediate unconditional release without bail. This states that 'if at any time a custody officer becomes aware…

that the grounds for the detention of the person have ceased to apply and; is not aware of any other grounds on which the continued detention of the person could be justified'29 If there is insufficient evidence relating to the person and the case, then the person must be released on bail with or without charge. Sufficient evidence must be available before charging a person with an offence or releasing them.

It is for the custody officer to determine whether 'there is sufficient evidence in accordance with the threshold test30' which is where in all circumstances of the case there is a reasonable suspicion against that person of having committed the offence. It must also be in the public interest to proceed. If a person has been released on bail without charge it means that although they were arrested for an offence such as a 'breach of the peace' there was insufficient evidence to charge that person.

Being released on 'bail' means that although there is no charge against that person there are certain conditions that they have to adhere to whilst they are on bail. When a person is released on bail, they are given conditions with that bail. For example they are asked to attend a police station, and if they fail to do so they can be arrested without a warrant. If a person that has been put on bail, fails to stick to their conditions for whatever reason, they are then in 'breach' of their bail. This means they are likely to be arrested which could lead to the bail being withdrawn, and are remanded in custody.

In cases where a person has been in breach of their bail conditions, it follows that they are unlikely to receive bail n the future. 31 A person that has been released on bail under S37(7), can be arrested without the use of a warrant if a police officer has reasonable grounds to suspect that, the person has broken any of the bail conditions that were implied when they were released. The Criminal Justice and Public Order Act 1994 (CJPOA) made no alterations to the legislation regarding persons released on bail without charge, so it remained that there was no power to impose conditions under S3(6) apart from requiring sureties.

A new power was introduced to 'impose non-surety/security conditions in the case of persons released on bail without being charged. '32 This was enacted by the Criminal Justice Act 2003 S28 sch 2 which replaced S47(1A), which permits that now 'the normal powers to impose conditions of bail to be available33' for the custody officer when under S37(7) the person is going to be released on bail without charge.