Procedures and Legal Requirements for Interviewing Suspects

Interviewing Suspects

The purpose of interviewing a suspect is to determine whether they committed the alleged offense. During this process, investigators must adhere to Sections 48 through 58 of the Criminal Procedure Act (CPA), which require the protection of the suspect's rights before and during the interview.

Manner of Interview and Recording Statements

When a police officer interviews a suspect to assess their involvement in an offense, the interview must be recorded, either by the officer or someone assigned to record it, unless recording is impractical in the circumstances. If the suspect confesses verbally or in writing during the interview, the police officer must document the confession promptly, either immediately during or right after the interview.

There are two primary methods for recording cautioned statements:

1. Under Section 58, when the statement is volunteered by the suspect without solicitation.
2. Under Section 57, when the statement results from the suspect's responses to questions, or a combination of responses and volunteered statements.

According to Section 50(1)(a) of the CPA, a cautioned statement must be recorded within four hours of the suspect being taken into custody. Failure to comply with Sections 50 and 51 can render the statement inadmissible in court. However, Section 51(a)(b) provides for extensions of this time limit under certain conditions.

In calculating the time allowed for interviewing a detained person, the CPA excludes specific periods, such as:

• Time spent transporting the suspect to a police station or another investigation-related location.
• Time allowed for the suspect to contact a lawyer, for the officer to notify someone as required under Section 54, or for the suspect to contact another person they are legally entitled to communicate with.
• Time taken to arrange or await the arrival of a required individual who must be present during the interview.
• Time while the suspect is consulting with a lawyer.

Objections to non-compliance with Section 50 of the CPA may only be raised at trial, not during the appeal stage.