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CHAPTER

  5 Planning Investigations and
          Legal Background for Tough
          Interviews

    Every falsification is a step towards the truth and every concealment a step away

Introduction

THE BATTLEGROUND

Although the liar usually chooses the battleground, appears to have all of the advantages and
believes he can win or escape, the balance is always in favour of the effective interviewer, pro-
viding he plans carefully. Successful interviewing is 95 per cent planning including:

• having clear objectives on the way the case should be resolved and the ideal outcome;
• knowing and complying with the law;
• fully understanding the case and every piece of evidence and intelligence that relates to

   it;
• having a clear theory on who and why the fraud happened and the key points that support

   it;
• having a sensible resolutions plan, showing who, where and by whom the investigation

   – and the interviews that form part of it – will be conducted including the place and tim-
   ing of the ‘first step’, when the suspects will be confronted, preferably by a simultaneous
   ambush.

The balance of 5 per cent involves rehearsal of key interviews and their execution.

    Interviews are 95 per cent planning and 5 per cent execution

INVESTIGATION STAGES AND INTERVIEW PHASES

This chapter presents an overview of the legal background and planning steps that should be
considered for difficult investigations of which tough interviews form a part:

    Successful interviews do not require a harsh approach or raised voices – despite what many
television detective programmes might suggest – but are founded on a relentless, professional
dialogue that follows an established process as part of an overall investigations plan. The
techniques are described in Chapter 7, but first it is necessary to review the legal environment
in which investigations and interviews are conducted.
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