Eliciting information in investigative interviews with sexual offence suspects: A procedural justice approach

Abstract

The interview of anyone accused of a sexual offence is a critical step within the police investigation. Public disquiet in the UK surrounding prominent miscarriages of justice and concerns around police misconduct led to the development of rapport based, information gathering interviewing. The cases had undermined trust in police procedures and the evidence that came from such interviews. The ensuing reforms led to a growing interest from researchers and a substantial body of applied research into interviewing practices emerged (Baldwin, 1993; Bull & Cherryman, 1995; Bull & Milne, 2004; McGurk et al., 1993; Savage & Milne, 2007). Interviewing is central to the information available to decision making across the criminal justice process. The intersection of procedure and wider concepts of justice and fairness are examined within social justice theories (Rawls, 1971; Thibault & Walker, 1975 1978; Tyler & Blader, 2003) which predict the effects of variation and bias on individuals and their perceptions of fairness within the administration of justice processes. This thesis will examine investigative interviewing through a procedural justice lens and its influence on information elicitation from individuals investigated in sexual offence investigations. Chapter one introduces the investigation of sexual offences, specifically the interviewing of persons suspected of a sexual crime and then continues with the development of police interviewing within England and Wales, highlighting the importance of interviewing aligning with procedural justice principles. Chapter two is a literature review and Study Space Analysis (SSA) focussed on the research available on the interviewing of suspects in sexual offence investigations and identified gaps examining procedural fairness in this area. Chapter three explores interviewer processes and behaviours within interview in rape investigations and its effect on information elicitation, positive behaviours relationship to information yield and the impact of inappropriate questions. Chapter four examines police investigators experiences of sexual offence investigations and identifies the organisational and personal factors that shape their work. Chapter five explores the investigation and interview from the perspective of the person accused of a sexual offence and how quality of treatment and decisions are experienced. Chapter six discusses the findings within this thesis and its strengths and limitations. The chapter concludes with recommendations for the development of further research. This thesis had the following aims: (i) to review the development of investigative interviewing practice and processes within sexual offence police investigations in England and Wales from accusatory to information gathering interviewing methods; (ii) to analysis the current research literature-base contributing to the understanding of investigative interviewing of persons suspected of sexual offences; (iii) to evaluate current interviewer practices using a sample of real police interviews involving rape allegations; (iv) to explore the experiences of interviewers in sexual offence investigations and adherence to procedural justice principles; (v) to develop understanding of the lived experience of individuals subject to investigation and interview for a sexual offence allegation, and; (vi) to consider whether a focus by interviewers on procedural justice principles could elicit greater cooperation and information retrieval from suspects in sexual offence interviews.