An image of a police interview

In this second part of three online exercises on police investigations and actions you will learn through reading a dialogue what happens as a police investigation into a crime progresses to questioning a suspect(s) of the crime and what the police can do at this stage. In addition, you will learn some key vocabulary for this stage of an investigation (some of which you will already know, while others you probably won't).

At the end of the dialogue there is a quiz to ensure you correctly understand the different terms/vocabulary. In addition, once you have successfully completed the quiz, a box will appear where you can find out more details about each term.

To learn what happens before this stage (at the beginning of a police investigation into a crime), do our online exercise Police investigations and actions part 1: The beginning of an investigation.

To learn what happens (or can happen) after this stage (at the end of a police investigation into a crime), do our online exercise Police investigations and actions part 3: The end of an investigation.

The vocabulary/terms and the processes explained here is for the English and Welsh legal system. Although there are some differences in both to other legal systems, mostly they are similar (if not the same) to other legal systems.


Exercise: Interviewing/Questioning suspects

Read the following conversation between two friends, Marie and Emma, who are talking about what happens as a police investigation into a crime progresses to questioning a suspect of the crime.

From the context, try to guess what the meaning of the words/phrases in bold are. Then do the quiz at the end to check if you are right.

Emma:'When the police continue with a criminal investigation after carrying out an initial investigation of the crime, it is because they feel there is or will be enough evidence for a conviction or the crime committed is serious, so that they have to continue with it even though they may not have any suspects at that time.'

Marie:'And what would happen if the victim of the crime decides to no longer be involved in the criminal case, they don't want to get the suspect convicted of the crime they suffered?'

Emma:'If the victim does not press charges against the person who committed the crime against them, it doesn't necessarily mean that the police will stop the investigation, although it often means that they will do. If the police feel they already have or will have enough evidence for a conviction, they will still continue with the investigation.'

Marie:'So, if they have a suspect for the crime. What will the police do?'

Emma:'The first thing they will do, if they haven't done it already, is question the suspect.'

Marie:'Just ask them questions?'

Emma:'It is more than just that. When questioning a suspect, it will happen in a police interview at a police station and the person will be under caution and they can have legal representation with them when it is happening.'

Marie:'What does under caution mean?'

Emma:'It means that whatever the suspect says will be recorded and could be used in evidence against them if it goes to court.'

Marie:'So whenever you speak to a police officer you are under caution?'

Emma:'No, a police officer has to tell you that you are. They have to tell you that you have "the right to remain silent".'

Marie:'The sentences they use when they arrest somebody, "You do not have to say anything unless you wish to do so..."'

Emma:'Exactly the same.'

Marie:'So, if they say that, does it mean that the suspect is under arrest when they are being questioned?'

Emma:'No, they don't have to be. For the police to arrest someone, they need reasonable grounds for doing it, they can't just arrest anyone. And if the police feel they don't have enough evidence against a suspect yet to arrest them, they can ask the suspect to voluntarily come to the police interview for questioning. So, it is up to them to come or not, and they can leave the police interview whenever they want. Whereas, if they are under arrest, they have to go.'

Marie:'So when someone is arrested, their rights are restricted then?'

Emma:'Exactly. For example, when someone is arrested, they will be held in custody at the police station for up to 24 hours from when they were arrested. They can't choose to leave.'

Marie:'And after 24 hours, the police have to let them go if they don't charge them with a crime.'

Emma:'Although they can extend the amount of time they hold them in custody, they normally just let them go.'

Marie:'So if a person is under arrest what other things can't they do or have no choice in doing?'

Emma:'If they are under arrest, the police can take their fingerprints or get a sample of their DNA without their permission, but if they aren't then the police need their consent to take them. The person can just say no and there is nothing the police can do.'

Marie:'Is it the same if they want to search the suspect's home? They need their consent to do that?'

Emma:'Yes, they do. They even do if the person is under arrest. But if the person doesn't consent, and if the police have a strong case for finding incriminating evidence at the place, they can still search it but generally only if they get a search warrant to do so from a magistrate or a judge giving them permission to do so. Otherwise they can't. A judge or magistrate can also issue an arrest warrant, so the police can arrest someone.'

Marie:'But don't the police already have the power to arrest someone without a judge or magistrate giving them permission to do so.'

Emma:'Yes, they do. So arrest warrants are not commonly asked for. They are normally issued if a suspect or a witness has failed to attend court.'

Marie:'Ok. So when being questioned, the suspect admits to doing the crime. What happens? Are they then arrested?'

Emma:'When a suspect makes a confession of committing a crime, if the police believe it is a valid one, the police will normally get them to write this out in a written statement which they then have to sign. But they may not be arrested or charged with the crime after doing it. It depends on the situation.'

Marie:'So what happens at the end of a police interview?'

Emma:'As I said before, if you have a police interview, the police believe in some way you are involved in a crime, they could be acting on a report of a crime or an allegation. If during the interview they don't think you are involved, then you will be allowed to leave and then later you would be informed that no further action will be taken. However, if they are still unsure if you are involved and they still need to investigate,you will be released under investigation. You are free to go, but they will inform you that you may have to come back for another interview in the future. '

Marie:'And what if the person is a suspect in a violent crime, like domestic violence. Surely, they can't release them because the victim may be at risk if they are.'

Emma:'Well, if there is not enough evidence, legally the police have to. However, a suspect like that can be released on pre-charge bail, where the police can put certain conditions on the suspect, like not being able to contact the victim or go to a certain place. And if the person breaks them they will be arrested again and taken back into custody.'

Marie:'But what happens if they think they have enough evidence to lead to the conviction of someone committing a crime. What would they do then?'

Emma:'We'll talk about that now.'




Quiz:

Below is a definition/description of each of the words/phrases in bold from the above text. Now choose the word/phrase from the question's selection box which you believe answers each question. Only use one word/phrase once. Click on the "Check" button at the bottom of the quiz to check your answers.

When the answer is correct, two icons will appear next to the answer. The icon contains extra information about the word/phrase. In the icon, you can listen to the pronunciation of the word/phrase.

1. When a person admits to the police that they committed a crime in a written statement, it is called a/an

         

Confession:
(noun) It is a statement (in writing or made orally by video) in which a person acknowledges that they are guilty of committing one or more crimes. If done while in police custody, the confession would be written out in a statement and then the person would then be made to sign it. Confessions are used as evidence in court cases. A person won't necessarily be arrested or charged with a crime after confessing to doing it. The police may have to get more evidence before either of those happen.

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Confession:

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2. When the police ask a suspect questions concerning a criminal investigation at a police station, it is called a/an

         

Police interview:
(noun) It is also commonly called just "questioning" or a "police interview under caution". It is when the police ask a person who they believe is a suspect questions concerning a criminal investigation. This is done at a police station.

A "police interview" can be done voluntarily by the person (they agree to answer the police's questions) or when they are under arrest. The "police interview" will be done "under caution", where what is said in the interview is recorded and can be used as evidence in a court case. If a person refuses to voluntarily go to a "police interview", the police may arrest them in order to question them in an interview. Victims and witnesses to crimes are not questioned, but are talked to by the police and asked to give statements which will be used in the criminal investigation.

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Police interview:

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3. When the police detain a person because they strongly believe they have committed a crime, is called

         

Arrest:
(verb) When an individual is detained by police on suspicion of committing a criminal act. The police need probable cause/reasonable grounds (evidence) that the person has committed a crime to "arrest" someone or they have committed a crime in front of them. While "under arrest", the accused person can be held in police custody for normally up to 24 hours (although in some cases it can be extended). After that period of time, they either have to be formally charged with a crime or released.

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Arrest:

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4. A legal document issued by a court official for police officers to legally enter a suspect's property to look for things, is called a/an

         

Search warrant:
(noun) A legal document often issued by a magistrate to law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. A "search warrant" is issued if there is probable cause/reasonable grounds that the individual(s) has committed a criminal offence and there is a possibility that evidence may be destroyed, moved or hidden.

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Search warrant:

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5. When a suspect in a crime (maybe after being arrested) is allowed to leave the police station if they agree to meet certain conditions while the criminal investigation continues, they are

         

Released on pre-charge bail:
(phrase) This is when a suspect in a crime who hasn't been charged with crime is told by the police that they are free to go (generally after having attended a "police interview") but that the criminal investigation in which they are a suspect is still ongoing.

Although a suspect can be released on pre-charge bail if they haven't been arrested, it is often commonly used if they have. Unlike being "released under investigation" the police can monitor the person and certain conditions can be attached to them being released (like surrendering their passport, staying away from a certain area or certain people). If these conditions are broken, the person will be arrested and taken into custody.

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Released on pre-charge bail:

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6. The statement said when someone is arrested or participates in a police interview which means they don't have to say anything, is called

         

The right to remain silent:
(phrase) Also called "to be cautioned". After a person has been arrested by the police or is doing a police interview under caution (whether they have been arrested or not), the police are legally obligated to read them their legal rights before any further questioning can take place. This is called the "The right to remain silent" and is as follows:

"You do not have to say anything unless you wish to do so, but anything you do say will be taken down and may be given in evidence."

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The right to remain silent:

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7. When a person is being detained by the police after they have been arrested, they are

         

In custody:
(phrase) This means that a person is being detained by the police. This happens after they have been arrested for committing a criminal offence. The police can hold the person for up to 24 hours before they have to charge them with a crime or release them. This can be extended for more serious crimes. This can be extended to 36 hours with the approval of a police officer of the rank of superintendent or above.

If they want to extend the detention further (by another 36 hours in non-terrorist cases), they need to get a "warrant of further detention" from a magistrate.

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In custody:

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8. When a suspect in a crime at the end of a police interview is told by the police that they are free to go but that the criminal investigation they are suspect in is continuing, they are

         

Released under investigation:
(phrase) It is often referred to as a "RUI". This is when a suspect in a crime who hasn't been charged with crime is told by the police that they are free to go (generally after having attended a "police interview") but that the criminal investigation in which they are a suspect in, is ongoing and that they may be contacted in the future for further questioning (to do another "police interview"). To be "released under investigation" it doesn't matter if the suspect has been arrested or not.

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Released under investigation:

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9. When a victim of a crime decides no longer wants to be involved in the prosecution of the person who committed the crime against them, is

         

Not press charges:
(phrase) Although it can mean that the police decide not to charge a suspect with a crime, it is more commonly used when a victim of crime decides not to cooperate with either the police or the prosecution in trying to convict a person of a crime. If the police or prosecutor believe that they can get a conviction without this cooperation or it is a serious crime, they will still charge the suspect with the crime.

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10. A legal document issued by a court official for police officers to take into custody and/or take to court a suspect, is called a/an

         

Arrest warrant:
(noun) A legal document often issued by a magistrate and given to the police for the arrest of and the taking into custody for questioning of an individual. An "arrest warrant" will be issued for a person if the magistrate believes there is probable or actual cause that the individual has committed a criminal offence. "Arrest warrants" can also be issued to witnesses, if they are avoiding attending court.

"Arrest warrants" are not commonly used, the police are more likely to use the powers they have to arrest someone, without having to get a warrant from a magistrate.

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Arrest warrant:

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11. In order to do certain things when you are not under arrest like take your fingerprints or an DNA sample, the police require your

         

Consent:
(noun) This means to give permission to the police to do something. There are certain things which the police can and cannot do (like enter or search your property). They will need to ask your consent to do so. In order to do so without your consent, they will need an court order from a judge or magistrate (e.g. a warrant) or arrest you (to take your fingerprints, a DNA sample or your photo.)

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Consent:

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12. When the police no longer believe a suspect is involved in a crime after a police interview, they will be sent a letter saying

         

No further action:
(phrase) This is when after investigating a case or a suspect, the police in combination with the Crown Prosecution Service decide to not charge the suspect with the crime they were suspected of. This can be because they feel the suspect is innocent or because they don't feel they have or will get enough evidence to successfully prosecute. The suspect will normally be informed of "no further action" in a letter sent to them.

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No further action:

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Practice

Now that you understand the meaning of the words/phrases and when to use them, practise using them by creating your own sentences with them in English. Also click on the "" icon next to each correct answer and listen how each is pronounced correctly.