NCJ Number
173232
Journal
Journal of Forensic Psychiatry Volume: 6 Issue: 1 Dated: May 1995 Pages: 185-197
Date Published
1995
Length
13 pages
Annotation
This article examines questions related to fitness for police interview in connection with mental disorder.
Abstract
In recent years suspects detained at police stations are increasingly being questioned by forensic medical examiners and psychiatrists to assess "fitness for interview." However, the phrase "fitness for interview" does not appear anywhere in the Police and Criminal Evidence Act 1984 (PACE) and there are no established criteria for judging it. This article discusses a case involving a mentally ill patient where fitness for interview was a central issue in court. Even though the police adhered to all legal provisions in accordance with PACE and the interviews were conducted in an "impeccably fair and considerate way," the interviews were ruled inadmissible by the trial judge. This judgment was given despite the fact that two doctors, both of whom testified at the trial during a voir dire, had found the patient fit to be interviewed by the police. The case highlights the salient legal, psychiatric and psychological issues involved and provides an important conceptual framework for assessing fitness for interview in cases of mental disorder. References