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Planning Investigations and Legal Background for Tough Interviews 151

Once the rules have been broken, it is very difficult to get back on track. For this reason, if
you suspect a serious problem and intend to prosecute, you should make sure that all inter-
views are handled by an experienced investigator.

If you don’t plan to prosecute, forget all about the caution

In practice, the caution is no big deal and is unlikely to stop an honest person from giving
an explanation. If it is administered at the start of the interview, in a matter-of-fact way, pos-
sibly as part of the introductory statement (see page [xref]), it is unlikely to frighten even the
most malodorous villain3. However, if the caution is administered immediately the suspect
makes his first damaging admission, it may be a major deterrent if for no other reason than it
destroys the empathetic relationship you have already established.

When criminal prosecution is an objective, caution the suspect at the opening of the interview

If criminal prosecution is not an objective, you can forget all about PACE and cautions. You
can use all of your persuasive skills to encourage a suspect to confess, but remember every-
thing you do may be examined under a microscope in court (see Chapter 10), so do nothing
you cannot honestly defend.

HUMAN RIGHTS

Objectives

The objectives of human rights legislation is to protect citizens against improper intrusion
into their private lives by instruments of the State. This is all to the good. However, the inter-
pretation of the new laws and regulations by sandal-wearers goes well beyond their intent and
it is therefore important to look at their genesis and evolution.

The European Convention on Human Rights
The role of the European Court

All states that have contracted to the European Convention on Human Rights, with the
exception of Ireland and Norway, have incorporated its principles into their laws, enabling
their domestic courts to take full account of its provisions when considering any matter. If
domestic remedies are not available (for example because the complained of action is not
‘lawful’ under local laws, as in the Halford case discussed below) or have been exhausted, an
individual may seek redress in European Court in Strasbourg. The Strasbourg process is not a
substitute for national justice, but is in a sense an extension of it and a forum for final appeal.
Maggie Thatcher was right: we should never have agreed to dig the Tunnel.

The Convention empowers the European Court of Human Rights to deal with individuals’
petitions and inter-state disputes. The judges are independent and elected by the Parliamenta-
ry Assembly. When the Court finds that there has been a violation of a Convention right, and
if the domestic law of the state concerned allows less than complete reparation to be made, it
may award the victim of unlawful action by the state just satisfaction (Article 50). This generally
involves the reimbursement of costs and expenses and, when appropriate, compensation.

3 Mainly because he has already figured out that he can beat you