The Landlord Law CPD Service – November 2024

Here are the questions and answers.

• 1. Is it only the police that can legally carry out criminal investigations?
  
  • No
  • Yes
• 2. True or false: you can provide a prepared statement for a PACE interview and refuse to answer further questions
  
  • True
  • False
• 3.Where does the ‘burden of proof’ sit when carrying out a criminal investigation?
  
  • It sits with the party making an assertion to provide evidence to support it
  • The defendant will need to prove that they are not guilty
  • It would depend on who was prosecuting for the offence
  • It would depend on what type of criminal offence and how serious it was
• 4. What is the purpose of a PACE interview?
  
  • To obtain the account of the person who is suspected of the offence
  • To obtain the account of witness’ statements
  • It is carried out in court as part of the evidence
• 5. When is a PACE interview likely to take place?
  
  • During an investigation
  • It will normally take place a couple of days before trial
  • A PACE interview is only ever used by the police
• 6. Is a ‘PACE interview’ and an ‘interview under caution’ the same thing?
  
  • Yes
  • No
  • It depends on what official organisation is carrying out the interview
• 7. Can a legal advisor stop an interview?
  
  • Yes
  • No
  • They can only stop it if the person they are representing agrees
• 8. Can a defendant leave an interview?
  
  • Only if it is a voluntary interview
  • Yes they can leave at any time regardless of what type of interview they are in
  • They can leave after a certain period of time
  • They can leave as long as it is stated in the recording and the recording is stopped
• 9. Can a ‘caution’ be given outside of the PACE interview?
  
  • Yes
  • No
• 10. When would a defendant be entitled to a copy of the disc interviews?
  
  • If there is to be a prosection
  • If a formal caution is issued
  • If a fixed penalty is to be imposed
  • Any of the above