Police surgeons are frequently asked by the police to assess whether suspects held in police custody are fit to be interviewed. The lack of any clear medical and legal criteria by which fitness for interview can be assessed has left many doctors confused about what exactly the term means. This paper draws attention to the importance of the topic and suggests a working definition of‘fitness to be interviewed’. A scheme of examination is proposed which should enable the police surgeon to make a meaningful assessment of a suspect's fitness for interview.
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References
1.
BaldwinJ.McConvilleM. (1980) Confessions in Crown Court Trials. Research Study No. 5, Royal Commission on Criminal Procedure. London, HMSO.
2.
BrandonR.DaviesC. (1973) Wrongful Imprisonment. London, George Allen and Unwin, pp. 47–65.
3.
British Medical Association and Association of Police Surgeons (1994) Health Care of Detainees in Police Stations. London, BMA.
4.
Department of Health (1994) Substance Misuse Detainees in Police Custody. Guidelines for Clinical Management. London, HMSO.
GudjonssonG. H. (1984) Anew scale of interrogative suggestibility. Personality and Individual Differences5, 303–14.
7.
GudjonssonG. H. (1992a) Interrogation and false confessions: vulnerability factors. Br. J. Hasp. Med.47, 597–9.
8.
GudjonssonG. (1992b) The Psychology of Interrogations, Confessions and Testimony. Chichester, John Wiley and Sons, pp. 205–59.
9.
GudjonssonG. (1995) ‘Fitness for interview’ during police detention: a conceptual framework for forensic assessment. J. For. Psychiat.6, 185–97.
10.
GudjonssonG.ClareI.RutterS.PearseJ. (1993) Persons at Risk During Interviews in Police Custody: the identification of vulnerabilities. Research Study No.12, Royal Commission on Criminal Justice. London, HMSO.
11.
Home Office (1995) Police and Criminal Evidence Act 1984 (s.60(1)(a) and s.66). Codes of Practice. London, HMSO.
12.
Justice (1994) Unreliable Evidence? Confessions and the safety of convictions. London, Justice.
13.
KassinS. M.WrightsmanL. S. (1985) The Psychology of Evidence and Trial Procedure. London, Sage Publications, pp. 67–94.
14.
LyallI.HollandA. J.CollinsS.StylesP. (1995) Incidence of persons with a learning disability detained in police custody. A needs assessment for service development. Med. Sci. Law35, 61–71.
15.
McLayW. D. S. (ed.) (1990) Clinical Forensic Medicine. London, Pinter Publishers Ltd, pp. 66.
16.
NorfolkG. A. (1995) Preventing Unreliable Confessions — a police surgeon's perspective. LL.M. Dissertation. Cardiff, University of Wales.
