The confession ► The Office of the United Nations High Commissioner for Human Rights points out in its pocket book “Human rights standards and practice for the police” that the police should “[n]ever seek or rely on a confession as the basis for a case. Rather, the purpose of investigation should be to secure independent evidence”. It further advises officers to “[s]tudy and employ modern best practice techniques for interviewing”, which is precisely the purpose of this guide. Too often police officers, through a lack of training and knowledge and other resources, depend on confessions to solve crimes. As noted above, police officers may thus respond to pressure to obtain such confessions by using abusive techniques rather than investigative skills to uncover the truth. Suspects waiting for or between interviews should be housed in sanitary conditions with adequate and appropriate space, light, heat and ventilation and provided with seating and/ or bedding to facilitate rest. There is no obstacle to accepting a confession. However, there are some important caveats. Police officers must be aware that certain individuals are susceptible and vulnerable. This can make them prone to confess to crimes that they have not committed. In other cases, individuals may confess to protect a third party. Therefore, officers should always look for evidence that can support or challenge the veracity of any confession made. This can also prove useful where a person later retracts a confession, as officers have not relied on this alone. Offenders may confess if they feel guilt and wish to explain what happened and why, or otherwise wish to account for their actions. Others may confess because the weight of evidence against them is so strong that they have little option, and by confessing before a trial, hope to receive a lighter sentence or other favourable consideration. Others may confess when the stress of being detained and the power of police interviewing are such as to make confession a means of relief, by ending the questioning. This latter dynamic can also pressurise wholly innocent but vulnerable people into confessing. This is more likely to occur where police officers use oppressive methods. Highly suggestible individuals may be persuaded by manipulation and misrepresentation that they are indeed guilty. This highlights the need to look for evidence that supports, or indeed undermines, the confession of guilt. Page 18 ► A brief introduction to investigative interviewing

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