The silent suspect
You must expect a variety of behaviours from suspects, from compliance
to non-co-operation, from being overly friendly to being abusive and even
aggressive. In the context of interviewing, it can be extremely frustrating for
police officers to be confronted by a suspect who says nothing. The suspect
may close their eyes, stare at a fixed point or even try to turn their chair or
body away from you and thereby avoid eye contact altogether. In these circumstances you should continue to question the suspect. Your questions should
be relevant but should not be repetitive to the point where your questioning
becomes oppressive. Remember that the suspect’s silence has no bearing
on determining guilt or innocence and must not affect your presumption
of innocence. It is merely the suspect choosing to exercise a right. A suspect
cannot be compelled to testify against themselves or to confess guilt.
Do not let silent behaviour frustrate you or cause you to deviate from your
professional standards. Do not shout, use offensive or disrespectful language
or become angry. You must accept that there will be times when, no matter
what skills you have and no matter what strategies you employ, a suspect will
choose to remain silent. This is not a reflection on your ability or effectiveness
as a police officer.
A suspect may give short or abrupt replies such as “no idea”, “no comment” or
“don’t know”. This can also be frustrating as it gives no indication as to whether
or not they will reply to all your future questions in the same manner, although
this may quickly become apparent.
You should remind the suspect of the offences that they are suspected of
having committed and that this is their opportunity to give their account
of issues and facts in their own words. Give the suspect time to think about
the question. Even if they do not reply or reply abruptly, give some pause for
further reflection on their part and do not immediately ask another question.
Remind the suspect that while they may choose to remain silent in response
to some of your questions, there may be other questions that you will put
to them during the interview which they will wish to answer and therefore
they should listen to them all and reflect on the opportunity to reply being
offered to them. You can try to stimulate a response by referring to evidence
already in your possession. This may point to the suspect’s guilt and make
them respond to your invitation to explain the evidence in their own words.
Even if the suspect has remained silent throughout your questioning always
Professional interviewing ► Page 19
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