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Evidence and Procedure

Interviews Practice Questions

Free NPPF Step 2 Interviews questions with full answers, for Sergeant and Inspector candidates.

15+ questions in the full bankType A format

About this topic

Interview questions test what counts as an interview, the rules for conducting and recording interviews, and the inferences a court may draw from silence.

Expect questions on special warnings under ss.36 and 37 CJPOA 1994, the recording requirements of Code E, and fitness to be interviewed.

Key legislation and cases

  • Criminal Justice and Public Order Act 1994, ss.34-37
  • PACE Codes C and E

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

PC Nuttall arrests Lawson on suspicion of burglary at a commercial premises. During a search of Lawson, PC Nuttall finds a footwear impression kit and trainers which may have been used at the scene. At the police station, DC Ross considers whether to give a special warning. Under s.37 of the Criminal Justice and Public Order Act 1994, which of the following most accurately describes when a special warning may be given?

  1. AWhere the suspect fails to mention facts in interview which they later rely on in their defence, and the court may draw adverse inferences under s.34 CJPOA 1994.
  2. BWhere a constable finds the suspect at a place at or about the time of the offence and the suspect fails to account for their presence at that place.
  3. CWhere the suspect is found by a constable at or about the time of the offence with an object, substance or mark on their clothing, footwear or in their possession, and fails to account for it.
  4. DWhere a suspect refuses to answer questions and the interviewing officer requires them to explain why they are exercising their right to silence.
Show answer and explanation
Answer: B

Section 37 CJPOA 1994 applies where a constable finds the suspect at a place at or about the time of the offence and the suspect fails to account for their presence at that place. This is to be distinguished from s.36, which applies where the suspect is found in possession of an object, substance or mark. On the facts, the items found on Lawson engage s.36 - but the question tests what s.37 covers, which is presence at a place.

s.37 Criminal Justice and Public Order Act 1994
s.37(1) CJPOA 1994: Where a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed, and the person fails or refuses to account for his presence at that place, a court or jury may draw such inferences from the failure or refusal as appear proper.
  • A: Option B describes s.34 CJPOA 1994 - adverse inferences from failure to mention facts relied on in defence. That is a separate provision entirely from the special warnings under ss.36-37.
  • C: Option C describes s.36 CJPOA 1994 - the special warning for objects, substances or marks. Section 37 covers presence at a place, not possession of objects.
  • D: A special warning does not require a suspect to explain their right to silence. The suspect retains the right to say nothing. The warning means that if they fail to account for the specific matter, adverse inferences may be drawn at trial.
Worked question 2 of 2Standard

DC Morrison has just completed a tape-recorded interview with Garner under caution at a police station using an approved recording device. At the end of the interview, DC Morrison considers the procedure for dealing with the master recording under Code E. Which of the following correctly states the procedure?

  1. AThe master recording must be sealed in the presence of Garner at the end of the interview, and Garner must be told that the seal may only be broken in specified circumstances.
  2. BThe master recording must be sealed and sent immediately to the CPS - it cannot be retained at the police station.
  3. CThe master recording may be unsealed by an inspector or above if further review of the interview is required before charge.
  4. DThe master recording must be sealed in the presence of Garner but Garner has the right to retain one copy of the sealed recording at the end of the interview.
Show answer and explanation
Answer: A

Under Code E paragraph 4.18, at the end of an interview the master recording must be sealed in the suspect's presence and the suspect must be told that the seal may only be broken in specified circumstances - principally where the recording is required as evidence. The master recording is retained by the police, not sent to the CPS at this stage. The suspect does not retain a copy at the interview.

Code E para 4.18 PACE 1984
Code E para 4.18: "At the end of the interview... the interviewing officer shall... seal the master recording in the suspect's presence and tell the suspect that the recording has been sealed and may only be unsealed..."
  • B: The master recording is retained by the police - it is not sent immediately to the CPS. It is produced as evidence if required.
  • C: An inspector cannot unseal the master recording simply to review the interview. The master recording may only be unsealed in specified circumstances - routine review is done from a working copy.
  • D: The suspect does not retain a copy of the master recording at the end of the interview. Disclosure to the defence is a separate process.

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