Part 3 : The Interview : - DProbably the thing which will take you most aback is how friendly the interviewing officers will be. Youll have spent some time alone in a cell and may be feeling that you want some company  be strong, now is not the time!Ive already given an example of a stock introduction as per The Conversation Management Approach which will run along these lines:Hi, Im DC Dave Jones and Im handling your case. Before we get started Im just going to get myself a coffee. Our canteen can fix pretty much any drink, can I get you anything before we get started?This is a little unlike the Life in Mars approach where a suspect is dragged into an interview room until a confession is beaten out of them but is actually more effective! By being friendly theyre trying to make sure youre more likely to open up and share information. Analsying your body language and responses while they ask you if you want a drink or bathroom break will also help them understand how you react when answering a question truthfully. Finally, this also ensures the interview wont be interrupted by you asking for a drink / to go to the toilet.When youre led into the interview room, once again youll be told about the format the interview will take. Needless to say everything you say is recorded. Increasingly these days this is done by video (more on this later). The interviewing officers will introduce themselves and anyone else who is present like a responsible adult and/or your Solicitor who will state their own names for the benefit of the tape. Youll also be asked to state your own name and address though of course you dont have to answer.If your Solicitor has advised you to remain silent, they can also mention it at this stage. The interview from the officers perspective will follow the format of SE3R which in plain English means they will attempt to listen to your account of events once uninterrupted. They will then ask some questions to further clarify your account and finally compare that with the evidence they have to hand to compare any inconsistencies in your narrative.At this initial stage there is very little to be gained from an early confession. Youll find the first questions are very open ended e.gPlease take your time. Id like you to take me through what happened between when you left your work today and arrived home.If you begin talking immediately youll find the Police will simply listen to your account at this stage. They will often nod encouragingly and will only ask follow up questions if you stop speaking.If (as I recommend!) you simply answer no comment, youll find theyll probably try a few more open ended questions to see if theyll have any more joy e.gPlease take your time. Id like you to take me through what happened between when you left your work today and arrived home.No comment.Do you know Mary Bright?No comment.Tell me about your relationship with her.No comment.Dont be surprised if the Police take a short break at this stage  youre not out of the woods by a long shot but they may want to reevaluate the evidence they hold on file such as forensics, witness statements and so on. This is an excellent tactic from your perspective as it forces them to reveal their hand to a greater extent and you lose nothing. The most difficult suspects for them to interview are those who have either been interviewed before and know the dangers of opening their mouths or people who have learned about their interrogation techniques vicariously i.e through the media or from their friends. If you refuse to cooperate then the interviewing officers will switch their own tactics to asking you questions about the evidence on file. The chief thing youll notice about this is that they will leave long pauses after you reply No Comment. This is so that when the case comes to court they can claim this was a Significant Silence i.e one from which adverse inferences can be drawn.The good news is that it will give you some idea of the body of evidence against you. They dont have to reveal everything but they cant have it both ways : if they fail to disclose something relevant to your prosecution, you cant be expected to comment on it and no adverse inferences can be drawn from your case at the time of trial.If there is clear evidence of your guilty and the interviewing officers have already made their minds up to request the CPS charge you (its not their decision any more except for minor offences) then adverse inferences cannot be drawn and you lose nothing by remaining silent.If of course there is a weak case against you and no material evidence i.e they were relying on your confession, then you will be released without charge.Of course most cases fall between these two extremes. Its important to bear in mind that Police Officers are trained to detect attempts at deception or people making misleading statements. Naturally the best liars are those who mingle lies with the truth to give a plausible explanation of events, however the Police believe it is possible to tell from a persons speech patterns and body language if they are being sincere.Examine these two statements:I was arguing with him when he suddenly grabbed the bottle out of my hand and pushed me away. I helped my hands up and he hit me on the head with it.I was arguing with him, when next thing I knew the bottle was snatched from my hand and I was on the floor bleeding from the head.Both of these statements describe a person being attacked but a Police Officer would be more likely to believe the first rather than the second. Youll note in the second statement that the interviewee is firstly providing a lot more detail using the passive voice. This is usually done as people shy away from using personal pronouns when being untruthful e.g The door was shut as opposed to the active voice I shut the door.Worse still, people will often use the passive voice along with the active voice  which is perceived by an investigating officer as a weakness in your statement and will be homed in on:Yeah, I bought a burger at that caf but whoever attacked that woman wasnt me.You may also find youre asked to repeat yourself. People telling the truth can (and do!) reword it differently each time. A liar is more likely either to repeat themselves using the same wording or to simply give an inconsistent account of events:I just want to be sure Ive understood you correctly. When did you say you left the caf?I told you I wasnt there, I went straight home and watched the matchI remember you told me earlier youd bought a burger at the caf.Yeah well I went straight home after and watched the match.Of course there are plenty of other reasons you might give an account which doesnt bear up to close scrutiny  you may well be nervous about being arrested, or simply have a bad memory but this is the nature of the techniques that will be applied to you.If you feel there is something, which if not mentioned will harm your defence, you should bear in mind you can suspend the interview at any time to talk to your Solicitor, at which point you can explain anything you see fit in private e.g that you were not in the area the crime was committed at the time.A good Solicitor will probably advise you under these circumstances either to remain silent or to submit a written statement, which they will help you prepare.If you submit a written statement and refuse to answer further questions, it will be difficult for the Prosecution to persuade the jury to draw adverse inferences from your silence at trial provided your defence in court is entirely consistent with your statement. It also prevents you being subjected to the kind of cross examination in your account that I outlined above.However any contradictions between your statement and the defence you ultimately present can be pointed out when the case comes to trial. Inferences can also be drawn if you fail to mention anything in your statement that you could reasonably have been expected to mention. In the example I used above, the fact you were not present at the time was committed would probably count!You can make a written statement both before charge and on being charged. Adverse inferences can still be drawn from your remaining silent before charge but I imagine your Solicitor will advise you on the balance of probabilities to remain silent and see if the CPS agree there is enough evidence to charge you in the first place - at which point if you feel theres anything you must say in your defence, your Solicitor can request that you have the opportunity to do so.V.