Mentally disordered individuals are increasingly coming into contact with the police. The current study explored investigative interview practice with mentally disordered suspects to examine how they respond, and the impact this has on the level of information obtained. Transcripts of interviews conducted with vulnerable and non-vulnerable suspects (N = 66) were analysed using a specially designed coding framework. Results highlighted that best practice is generally not being adhered to regarding questioning techniques (for example, the use of open questions). Furthermore, while police officers altered their communication to suit the needs of the vulnerable suspect, they were also more likely to use minimisation tactics. Mentally disordered suspects sought more clarification for open questions and provided more information to closed questions. They also demonstrated higher levels of vulnerability (suggestibility and compliance) when compared to their non-vulnerable counterparts. Implications regarding interviewing methods for this vulnerable group are discussed.
Background
In almost all countries worldwide, the first point of contact with the criminal justice system is with the police. A large proportion of these individuals may have vulnerabilities, such as mental health difficulties. Given the complexities associated with vulnerable suspects, such interviews may be compromised, which could lead to a miscarriage of justice. In England and Wales, the Police and Criminal Evidence Act (PACE) 1984 and its accompanying Codes of Practice lay down requirements for interviewing vulnerable suspects and provide for attendance of “appropriate adults” to support communication between police and the vulnerable suspect. To date, however, their role has been underresearched.
Aims/Hypotheses
To explore the role of appropriate adults in police interviews and test the hypotheses, first, that appropriate adults more commonly remain passive during interview than expected from guidance and, second, that any interventions are more likely than not to follow examples in current guidance.
Methods
Transcripts of police interviews conducted with suspects with possible mental disorder and an appropriate adult present (N = 27) were analysed using a specially developed coding framework.
Results
Appropriate adults were significantly more likely to remain passive than to intervene, even when current guidance would suggest intervention. When they did intervene, however, such interventions were significantly more likely than not to follow from guidance than the vulnerable suspect's needs. Police and Criminal Evidence Act (PACE) 1984.
Conclusions/implications for practice
In our sample, appropriate adults were not fulfilling their role as outlined in the Police and Criminal Evidence Act (PACE) 1984 and accompanying Codes of Practice; specifically, they appeared to know what to do but not when to do it. There is a heightened risk of a miscarriage of justice in such circumstances without improvements.
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