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What to expect from my first police interview?

switchr — Sat, 26 Nov 2022 13:26:52 GMT

Hi all,

Quick recap, my house was raided by the police in November 2020 and my devices seized, but I was not arrested or interviewed and had very limited contact with the police.

Finally, this week I had an email from the new DCI in charge of my case, who has informed me all my devices have been now examined, she is writing a repot, and that I will be called in for an interview under caution first week of November.

I have a solicitor who specialises in sexual offences who will be accompanying me.
The police are likely to recover several hundred Category C and B CSA materials.
I intend to plead guilty at the earliest opportunity.
I have undertaken about 175 hours of therapy since the raid, focused around my offending behaviour.

I will be meeting with my solicitor to go over things before the interview, but I wondered if any members had any advice of what to expect? I have never even been in a police station before, let alone been interviewed.

RE: What to expect from my first police interview?

JASB — Sat, 26 Nov 2022 13:26:52 GMT

[quote]

[b]Dean91 - 26 Nov 22 10:39 AM[/b]

From experience I would say two things:

- Police interviews are generally phishing expeditions. They always like to catch people out and incriminate themselves.

- Listen to your brief. Really important. Make sure to have something to eat and drink as well. As they rely on people being tired of admitting to stuff.

I think some officers enjoy the power they have in these situations.

[/quote]

Hi Dean,
[quote] Listen to your brief.[/quote]

As I mentioned earlier, my brief just said he was there to protect my human rights not anything else. the only time he got interested is when I said about "blackmail" but didn't do anything about it.

RE: What to expect from my first police interview?

JASB — Sat, 26 Nov 2022 13:24:31 GMT

[quote]

[b]lotsofquer - 24 Nov 22 12:41 AM[/b]

nullNo comment cannot be used in the prosecutions favour at all. The prosecution can only present evidence - no comment is not evidence of anything and any claim about no comment hurting the victim is pure hearsay.

[/quote]

Hi
No offence but you are missing the point I was suggesting.
The Police and judge can use emotionally aimed words referring to the fact of "no comment" being made and so implying you have no victim empathy, etc which can influence a jury (if you go to trial!)

In the end "words" used can be more powerful especially when used by someone who is skilled in their use. That's what the likes of Politian's and the media do all the time

All I am suggesting is that before taking that option think carefully.

RE: What to expect from my first police interview?

Dean91 — Sat, 26 Nov 2022 10:39:05 GMT

RE: What to expect from my first police interview?

lotsofquer — Thu, 24 Nov 2022 14:51:36 GMT

[quote]

[b]punter99 - 24 Nov 22 11:01 AM[/b]

[quote]

[b]lotsofquer - 24 Nov 22 12:41 AM[/b]

[/quote]

It's not quite that simple. If you are going to plead not guilty, then a no comment could cause you problems (see below) and it might increase the chances of you being convicted in some situations. What I would say though, is that if you intend to plead guilty, then it has much less of an impact. Judges don't tend to take much notice of it when it comes to sentencing, and it is not seen as an aggravating factor for sentencing. Remember, sentencing is a separate matter from determining someone's guilt or innocence.

https://www.jdspicer.co.uk/site/blog/crime-fraud/should-you-say-no-comment-in-a-police-interview

The condition often attached to the answer “no comment” is often referred to as ‘adverse inference’.For example, the court may draw adverse inference if you are questioned by the police and you do not mention a fact which you later rely on for your defence in court. If you had the opportunity to share the information and you instead chose to remain silence, this could ultimately count against you.Adverse inference may not be drawn if you are able to provide a clear explanation for your decision to remain silent during the original questioning.The specific circumstances are:

Section 34 - fails to mention facts which they later rely on in their defence at trial which they could reasonably have been expected to mention at the time of the interview.
Section 36 - fails to account for the presence of an object, substance mark or mark on an object.
Section 37 - fails to account for their presence at a place at or about the time of the commission of the offence

What does adverse inference mean?

The term 'adverse inference' means the court is permitted to draw ‘such inferences as appear proper’ including a negative conclusion from the defendant's silence; in other words, the court may hold the defendant's silence against them.The significance for the tribunal of fact of a failure by the defendant, when first questioned, to mention facts which they later rely on at trial is whether or not that failure is an indication that the facts which are now being advanced can or cannot be relied on.One inference that the jury or magistrates’ court may draw is recent fabrication ie. that the defendant remained silent when interviewed because they did not have an adequate explanation for their conduct and they have since fabricated the facts that form their defence.Alternatively, the inference may be drawn that the suspect did not put their defence forward when interviewed by the police because they did not believe it would stand up to further investigation by the police.

[/quote]

Only applies if you are then relying on something later in court for your defence that you were questioned on. It is heresay for the prosecution to simply bring up that you gave a no comment interview as it is not evidence (/fact) of anything and the court can only make determinations on the facts.

RE: What to expect from my first police interview?

punter99 — Thu, 24 Nov 2022 11:01:31 GMT

[quote]

[b]lotsofquer - 24 Nov 22 12:41 AM[/b]

[/quote]

Section 34 - fails to mention facts which they later rely on in their defence at trial which they could reasonably have been expected to mention at the time of the interview.
Section 36 - fails to account for the presence of an object, substance mark or mark on an object.
Section 37 - fails to account for their presence at a place at or about the time of the commission of the offence

What does adverse inference mean?

RE: What to expect from my first police interview?

lotsofquer — Thu, 24 Nov 2022 00:41:35 GMT

null No comment cannot be used in the prosecutions favour at all. The prosecution can only present evidence - no comment is not evidence of anything and any claim about no comment hurting the victim is pure hearsay.

RE: What to expect from my first police interview?

JASB — Wed, 23 Nov 2022 11:31:07 GMT

[quote]

[b]lotsofquer - 22 Nov 22 7:06 PM[/b]

Never speak with the police - no comment the whole way. An interview is an attempt to gain (more) evidence in order to charge you/strengthen their case. There is absolutly nothing at all to be gained from saying anything to the police other than no comment.

They may or may not have evidence already as you mention. If you are guilty then worry about pleading in court (after seeing the evidence they have - not before) and [quote]They may or may not have evidence already as you mention. If you are guilty then worry about pleading in court (after seeing the evidence they have - not before) and mitigating circumstances/work you have undertaken since being 'caught'. [/quote]

The police may be agressive in the interview (in my experiance they always are) however sticking to no comment is the way to go regardless of this. The agressiveness of the police interviewing you is not something that is going to come up in court and if you have simply said no comment it does not go against you in court at all.

[/quote]

Hi
I am sure you have reasons for your opinion and so will leave it as your opinion.

One point though, [quote]mitigating circumstances/work you have undertaken since being 'caught'. [/quote]
I was on bail for 2 years, trying to work with the "system" to show repent etc. Also I provided evidence directly to the Police of blackmail etc against me as mitigation. Did any of it help my case/sentencing - NO.
I only mention it because some readers may take it that those words are certain; which they are not.
Also "no comment" can be used in the prosecutions favour quite easily as you being in denial of the offence and so creating more "damage" to the victim.
I am not saying you are wrong but, in the time from your arrest to interview you have to consider your stance very carefully as not everyone is as lucky as OJ Simpson was.
Also remember your solicitor at the initial interview may just take the stance of only being there to support your human rights, not give legal advice as mine stated.

RE: What to expect from my first police interview?

lotsofquer — Tue, 22 Nov 2022 19:06:45 GMT

Never speak with the police - no comment the whole way. An interview is an attempt to gain (more) evidence in order to charge you/strengthen their case. There is absolutly nothing at all to be gained from saying anything to the police other than no comment.

They may or may not have evidence already as you mention. If you are guilty then worry about pleading in court (after seeing the evidence they have - not before) and mitigating circumstances/work you have undertaken since being 'caught'.

The police may be agressive in the interview (in my experiance they always are) however sticking to no comment is the way to go regardless of this. The agressiveness of the police interviewing you is not something that is going to come up in court and if you have simply said no comment it does not go against you in court at all.

RE: What to expect from my first police interview?

JASB — Tue, 01 Nov 2022 12:34:32 GMT

[quote]

[b]AB2014 - 31 Oct 22 9:34 AM[/b]

[quote]

[b]JASB - 29 Oct 22 1:13 PM[/b]

Hi
I admitted at the interview as the basics point was correct, I had paid for sex. However the interview was very long, circa 8 hrs with breaks. They WERE aggressive in the manner of tone and some questions to try and get me to react as they wanted me to. They even stressed I was taking to long to answer questions. I appeared calm but was s?:%*ing it inside.

In the end the only words they wanted was for me to give evidence that supported their "thoughts" and ignored my words on points that they should investigate that would support my version of events.
The Plea management hearing was postponed 3 times (I was actually in Court each time it happened) where I was going to plead guilty. I only got a 20% discount because I delayed my guilty plea even though I admitted at interview??

In the end just realise they will manage the outcome and thoughts on the "sentencing guidelines" to meet their aims no matter what you do.

[/quote]

Yes, you should be clear about what you would be admitting once you've been shown the evidence (and not before then). Saying you'll be pleading guilty to an offence doesn't automatically mean you're accepting any aggravating factors at all, and any prepared statement can make that clear. You can even amend it to take account of any insinuations made by the interviewing officers if you want. If there's no evidence presented, then there's nothing to admit.

[/quote]

Hi
Agree with your words but in my case I think I was a bit naïve in that, though as mentioned, I did admit to "paying for services", when eventually I saw the charges, I asked my solicitor what they were based on i.e. evidence. Eventually I even argued that due to the "shock" of being arrested etc, some of the things I did say had been interpreted with a bias to their aims e.g. a wrong meaning.
The solicitor just said it would be put right in Court. This caused confusion as I was under the impression I had already pleaded guilty so a trial was pointless.

In the end I do think my attempt to show remorse and my naivety of the Justice processes; plus the emotional effects of the events happening, allowed me to prove their case for them!
It was only thinking back that I realised, though I heard the duty solicitor say "I am not here to give advice, I am here to ensure your human rights are maintained", I did not actually listen. I missed out key words like "not" as I was desperate for him to give me advice as i thought that was his role.
Also in my case I had no chance to prepare a statement as I was arrested in one station/city and then transported (with delays) to the "interview" location via 2 other stations/cities with -re-arrested - at them all.

And I still not get 30% discount on my sentence some 2 years later. But that is another subject.

RE: What to expect from my first police interview?

AB2014 — Mon, 31 Oct 2022 09:34:38 GMT

[quote]

[b]JASB - 29 Oct 22 1:13 PM[/b]

[/quote]

RE: What to expect from my first police interview?

JASB — Sat, 29 Oct 2022 13:13:22 GMT

RE: What to expect from my first police interview?

punter99 — Fri, 28 Oct 2022 16:45:17 GMT

I'm inclined to agree, that making a statement wouldn't avoid a lengthy interview, it would just lead to more questions, about what you said in the statement.

RE: What to expect from my first police interview?

Mr W — Fri, 28 Oct 2022 14:41:17 GMT

I understand your point but I'd warn that these early stages of the process go further than guilty/not guilty because there's obviously an interest in the method of offending, length of time of offending etc, in other words, aggravating factors that could seriously affect sentencing.
I'll give another example from my own experience as to why I would advise against statements. I did a voluntary interview on the day of the raid. I was advised to 'no comment' everything until after they examined my devices, which I did. During the voluntary interview, they did a bit of fishing as they mentioned something to do with Australia. To this day, I've no clue about how viewing is linked to Australia but I no commented it. In my second interview, after they'd examined my devices, Australia wasn't even mentioned (I even wanted to ask after the recorder was switched off: "What was that thing about Australia all about?" because I was baffled by it, but I refrained). So if I'd just said in a statement during the first interview (which is what the OP said they'll be having as they didn't mention having a voluntary interview) that "I'll just plead guilty... etc" I could potentially be admitting, not necessarily another charge, but an aggravating factor which could be used against me, even though in my case, whatever the Australia thing was, wasn't actually true.
If I'd inadvertently accepted the Australia thing as part of a vague "I'll plead guilty," statement, and it was then mentioned in court then I would have to respond to it... and then if my defence was: "I've no clue about Australia", it just sounds ambiguous and weak. As it turns out, by saying no comment, it disappeared and certainly wasn't mentioned in court.
As many people here have shared, words are very often twisted in these cases and the last thing you want to do is increase any chance of aggravating factors at this stage. This is why I said 'really listen to what they say' and why I caveated with 'providing there isn't a huge error somewhere', I'd say mitigation can wait for court so it can be heard at the most crucial time with no ambiguity.

RE: What to expect from my first police interview?

AB2014 — Thu, 27 Oct 2022 10:21:58 GMT

[quote]

[b]Mr W - 24 Oct 22 3:59 PM[/b]

Sorry AB, I'm not with you in this case. At this point he has not even been arrested, it isn't clear that switchr has done anything wrong. To say: "I'll plead guilty" does nothing but leave yourself vulnerable, police could then ask: "Plead guilty to what?" and then go on a fishing expedition. The police wouldn't want to be seen to miss anything either. So to put yourself in a position, for example, to admit one single Cat B image, if they've only found Cat C images, that admission cannot be taken back afterward.
In cases where there's an opportunity to challenge the evidence then perhaps a statement could be appropriate, for example, if there was a fight, you could argue "they said this, they said that and then..."
But usually for indecent images cases, for example, charges will be brought against the evidence obtained in the raid and you can't deny that evidence exists and this is why, by the time these cases come to court, I've yet to see a single positive outcome with a denial of the charges. In a sense, the interview is more important than the court proceedings.

[/quote]

It's not about doing wrong, it's about the strict liability of indecent images being on your computer. Unless you can prove that someone else put them there, you're in the frame. That's what happened to one of my cell-mates. Even so, if they interview someone after finding those images, making a statement might be a way to avoid a lengthy interview. You don't have to go into detail about anything, which is the point of choosing to make a statement instead of asking questions. If the evidence is found, and if there is no way to establish innocence (the burden of proof is on the suspect), then indicating a guilty plea would be a way to oil the wheels. If they find nothing, or if you can prove you didn't put them there, then don't do that.

RE: What to expect from my first police interview?

switchr — Mon, 24 Oct 2022 17:33:02 GMT
Thanks everyone - this has been really enlightening and valuable information. I will very carefully plan what to say, and will speak to my solicitor. Will update once the interview has happened.

RE: What to expect from my first police interview?

Was — Mon, 24 Oct 2022 16:43:45 GMT
If they find anything, then absolutely plead guilty when at the plea hearing... but never ever admit anything to the police in an interview.

If it helps, speak with your solicitor. I drew up a statement which we decided to not present after a no comment interview. They were clearly fishing. Once you are past the you are not looking at a caution stage, do not help them. Their ability to twist even quite innocent comments to sound menacing is quite remarkable.

RE: What to expect from my first police interview?

Mr W — Mon, 24 Oct 2022 15:59:42 GMT
Sorry AB, I'm not with you in this case. At this point he has not even been arrested, it isn't clear that switchr has done anything wrong. To say: "I'll plead guilty" does nothing but leave yourself vulnerable, police could then ask: "Plead guilty to what?" and then go on a fishing expedition. The police wouldn't want to be seen to miss anything either. So to put yourself in a position, for example, to admit one single Cat B image, if they've only found Cat C images, that admission cannot be taken back afterward.
In cases where there's an opportunity to challenge the evidence then perhaps a statement could be appropriate, for example, if there was a fight, you could argue "they said this, they said that and then..."
But usually for indecent images cases, for example, charges will be brought against the evidence obtained in the raid and you can't deny that evidence exists and this is why, by the time these cases come to court, I've yet to see a single positive outcome with a denial of the charges. In a sense, the interview is more important than the court proceedings.

RE: What to expect from my first police interview?

AB2014 — Mon, 24 Oct 2022 08:48:20 GMT

+x[quote]
[b]Mr W - 21 Oct 22 3:48 PM[/b]
I'm not legally qualified to offer advice. However....... speaking from lived experience, my suggestion is to say "no comment" to everything.

I'm sure you've been cooperative during the investigation and it's felt like a whirlwind, many of us can relate to that and I've been in the exact position you are in now (I just didn't know this forum existed!). To offer some clarity, keep in mind you can only be charged against what they've found. No words in a police interview can improve that. I understand the feeling that saying no comment might feel as if you're not being cooperative, but I can assure you it is not, it's for your own protection. The actions you've taken with therapy etc will be noted in your mitigation in court along with your remorse and contrition, your legal rep will be able to speak to you more about that later. For now, I'd suggest using the police interview to fact-find about what they've found and really listen to what they say and, providing there isn't a huge error somewhere, leave it at that. The journey is relentless and I can only say stay strong.
[/quote]

Again, not qualified to offer legal advice, but check this with your solicitor. I'm sure I read somewhere that you can prepare a statement to be read out during the interview. You can make it clear that you will be pleading guilty at the earliest opportunity, and on that basis you might not have to answer their questions. You could still go "no comment" if they still insist on asking questions.

RE: What to expect from my first police interview?

punter99 — Fri, 21 Oct 2022 18:01:07 GMT
It's important to remember, that pleading guilty at the first opportunity and admitting something in a police interview, are not the same thing. You can say nothing in the interview and still plead guilty at the first court appearance and it won't be held against you, that you went 'no comment' in the interview. But once you admit to something in the interview, it's going to be much harder to plead not guilty later on. The 'first opportunity', for these purposes, is your first court appearance, and not the police interview.

The interview itself will be calm and polite. They won't shout at you, or bully you, like they do in the movies and TV shows, because everything is being recorded. If anything, they will take the opposite approach and be very friendly, in order to persuade you to give away more than you intended. Don't fall for any suggestions that they will go easier on you if you co-operate, because its not true. They will prosecute, if they possibly can and they aren't interested in apologies, or hard luck stories, just evidence. Save your apologies and remorse, for the courtroom, because that's when it will be taken into consideration. Same goes for therapy. You can use that to mitigate your sentence, but it won't affect their decision to prosecute, unless you have a serious and diagnosed, mental health condition, in which case, make your solicitor aware. At this stage, you don't know what you are going to be charged with, so that's the first thing to find out. Then consider any possible defences. Your solicitor will advise you, but for images these are the things to think about.

Are the images actually indecent?
Can it be proven you downloaded the images?
Is it a computer or device used by other people?
Was it sent to you without your knowledge?
Did you know the images were there?
Were they downloaded accidentally?
Did you only view them by accident?
Were the images deleted quickly?
Can you prove the images are no longer accessible?
Can the prosecution prove you knew the images were on the device?
Can I avoid a conviction and get an caution?

RE: What to expect from my first police interview?

Mr W — Fri, 21 Oct 2022 15:48:59 GMT
I'm not legally qualified to offer advice. However....... speaking from lived experience, my suggestion is to say "no comment" to everything.

I'm sure you've been cooperative during the investigation and it's felt like a whirlwind, many of us can relate to that and I've been in the exact position you are in now (I just didn't know this forum existed!). To offer some clarity, keep in mind you can only be charged against what they've found. No words in a police interview can improve that. I understand the feeling that saying no comment might feel as if you're not being cooperative, but I can assure you it is not, it's for your own protection. The actions you've taken with therapy etc will be noted in your mitigation in court along with your remorse and contrition, your legal rep will be able to speak to you more about that later. For now, I'd suggest using the police interview to fact-find about what they've found and really listen to what they say and, providing there isn't a huge error somewhere, leave it at that. The journey is relentless and I can only say stay strong.

RE: What to expect from my first police interview?

JASB — Fri, 21 Oct 2022 11:24:55 GMT

+x[quote]
[b]switchr - 20 Oct 22 6:07 PM[/b]
Hi all,

Quick recap, my house was raided by the police in November 2020 and my devices seized, but I was not arrested or interviewed and had very limited contact with the police.

Finally, this week I had an email from the new DCI in charge of my case, who has informed me all my devices have been now examined, she is writing a repot, and that I will be called in for an interview under caution first week of November.

I have a solicitor who specialises in sexual offences who will be accompanying me.
The police are likely to recover several hundred Category C and B CSA materials.
I intend to plead guilty at the earliest opportunity.
I have undertaken about 175 hours of therapy since the raid, focused around my offending behaviour.

I will be meeting with my solicitor to go over things before the interview, but I wondered if any members had any advice of what to expect? I have never even been in a police station before, let alone been interviewed.
[/quote]

Hi
I wish you luck but be prepared for them to push to find off you what they haven't found themselves.
I was completely 100% honest and informed them of things they didn't know that were mitigating for me. They maneuverer their case around those points and actually found reasons why they didn't follow up on certain points: blackmail emails.

Best discuss all your points with your solicitor before you speak to the Police. saying that my solicitor didn't follow up on mitigation points lol

In the end I felt better being open as it help me personally; though not my punishment.