Annex G: Fitness to be interviewed
1. This Annex contains general guidance to help police officers and healthcare professionals assess whether a detainee might be at risk in an interview.
2. A detainee may be at risk in an interview if it is considered that:
(a) conducting the interview could significantly harm the detainee’s physical or mental state;
(b) anything the detainee says in the interview about their involvement or suspected involvement in the offence about which they are being interviewed might be considered unreliable in subsequent court proceedings because of their physical or mental state.
3. In assessing whether the detainee should be interviewed, the following must be considered:
(a) how the detainee’s physical or mental state might affect their ability to understand the nature and purpose of the interview, to comprehend what is being asked and to appreciate the significance of any answers given and make rational decisions about whether they want to say anything;
(b) the extent to which the detainee’s replies may be affected by their physical or mental condition rather than representing a rational and accurate explanation of their involvement in the offence;
(c) how the nature of the interview, which could include particularly probing questions, might affect the detainee.
4. It is essential healthcare professionals who are consulted consider the functional ability of the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a person with severe mental illness to be fit for interview.
5. Healthcare professionals should advise on the need for an appropriate adult to be present, whether reassessment of the person’s fitness for interview may be necessary if the interview lasts beyond a specified time, and whether a further specialist opinion may be required.
6. When healthcare professionals identify risks they should be asked to quantify the risks. They should inform the custody officer:
whether the person’s condition:
is likely to improve;
will require or be amenable to treatment; and
indicate how long it may take for such improvement totake effect.
7. The role of the healthcare professional is to consider the risks and advise the custody officer of the outcome of that consideration. The healthcare professional’s determination and any advice or recommendations should be made in writing and form part of the custody record.
8. Once the healthcare professional has provided that information, it is a matter for the custody officer to decide whether or not to allow the interview to go ahead and if the interview is to proceed, to determine what safeguards are needed. Nothing prevents safeguards being provided in addition to those required under the Code. An example might be to have an appropriate healthcare professional present during the interview, in addition to an appropriate adult, in order constantly to monitor the person’s condition and how it is being affected by the interview.