Interrogations-and-Confessions-Handbook

Interrogation in Britain 49
real structure, officer lacking in skill and confidence), ‘assumption of guilt’
(e.g. as evident by leading questions and repetitive questioning), ‘poor
interviewing technique’ (e.g. interruptions, failure to establish facts) and
‘too much pressure having been exerted ’ (viewed by Baldwin as unfair and
unprofessional). For the four overlapping categories above these were found
in 19.5, 15, 13.5 and 9% of the cases, respectively.
3. The interviewers apparently often had little understanding of the legal
elements that need to be proved in an offence. Admissions were often left
without clarification, because once an admission had been made the officer
quickly terminated the interview and failed to obtain a satisfactory postadmission
statement (a post-admission statement refers to the details that
the suspect is able to provide once he has began to confess to the crime in
question).
4. Police officers appeared to find the presence of a solicitor or legal representative
in an interview inhibiting, and in some cases apparently intimidating.
In spite of this legal representatives often remained quiet during interviews
even when intervention appeared to be required.
It seems from Baldwin’s research that in an interview situation police officers
and lawyers are apprehensive about their respective roles when in the presence
of each other. This could impair their ability to function effectively in an interview
and satisfactorily fulfill their respective roles. Indeed, both professional
groups appeared to exhibit general ineptitude, although in Baldwin’s study this
was more specifically investigated in relation to the police officers’ performance
in interview. The apparently inept behaviour of some of the legal advisors was
alluded to only briefly. Ede and Shepherd (2000) have produced an important
guide for practising solicitors, which should enhance their confidence and effectiveness
as legal advisers at police stations. Better training of police officers
should improve their skills and confidence in conducting an interview (Ord &
Shaw, 1999).
Suspects’ Responses
Baldwin observed the predominant attitude of the suspects during the interviews
and their responses to questions. Overall, 442 (74%) of the suspects were
rated as being either cooperative or submissive during the interview. Only 82
(14%) suspects were found to be awkward or difficult to interview. A small minority
(6%) was reported as being remorseful or tearful. A similar number (7%)
were described as cocky or self-assured.
Only 13 (2%) suspects exercised their legal rights to remain silent during
the police interview. Over one-third (214; 36%) of the suspects gave a full confession
at the beginning of the interview. A further 97 (16%) confessed to some
part of the allegation from the onset. In 39 cases (6.5%) there was some change
in their story from the initial position of a denial, but interestingly in only
20 cases (3%) did suspects completely move from a denial to a full confession.
Out of these 20 cases where there had been a dramatic change, in only