In interviews of suspects the interviewer has a particular responsibility to assess whether the suspect is vulnerable, and to explain the right to silence, the right to legal counsel, as well as other rights of the suspect, in an understandable and candid way. Professional interviewers welcome the presence of defence lawyers as a legal resource, an eye witness to the fairness of the interview, and safeguard against misunderstandings. Police services where investigative interviewing has become standard practice report a significant decrease in disputes between lawyers and police – almost to the level of being non-existent. WHEN INITIATING CONTACT THE INTERVIEWER SHOULD SEEK TO: • Create an empathetic and respectful relationship from the outset • Explain the reasons, background, rights, formalities and procedures for the interview, including information about audio/video recording • Establish certain ground rules by telling interviewees: – that what they have to say is important so they need to report everything they can and try their hardest not to leave anything out – not to edit as they go even if they believe some information has no relevance to the matter being investigated – that they need to concentrate because striving to retrieve memories can be hard work – that they should feel free to speak up if the officer: asks a question they do not understand; asks a question they do not know the answer to; misunderstands what the interviewee has said; asks a leading or inappropriate question • Make sure the interviewee has understood the above and how it applies in the situation at hand This stage lays the foundations for the interview, enabling the interviewer and the interviewee to develop a common understanding of the interview and it dynamics. It also allows the interviewer to assess the interviewee’s communication abilities and modify language to make certain that the interviewee understands what has been conveyed. Example of a good start to a conversation Officer: “The way in which I have planned to conduct this interview is first to inform you about your legal rights (and obligations, if applicable). Then, if you are willing to provide a statement, I will ask you to tell me your side of the story. I will listen and not interrupt. We have plenty of time, we are in no rush. Next, when you feel that you have included all the necessary details – details that you think are essential, I will follow up with questions that I think are of importance. Please feel free to ask me– at any stage – about any concern or question you may have.” What if the suspect invokes the right to silence? Evaluations have shown that even in situations where the suspect invokes the right to silence, the strategic planning and preparation in Steps 1 and 2 are not a waste of time. Every plausible explanation identified constitutes an important line of inquiry that needs to be explored (investigated) through alternative sources of information. Failing to investigate the alternative explanations indicating innocence harms innocent defendants and provides guilty defendants with an opportunity to provide a false, yet plausible explanation. CTI Training Tools 1/2017: Investigative Interviewing for Criminal Cases 6/12