Azrael said:
Talking about interviews, how do the police decide to arrest as opposed to interviewing under caution without arrest (as they've done with the vast majority of the cash-for-honours suspects).
Is this special consideration for members of the elite who don't fancy having their prints/DNA filed away, or standard procedure?
The law is that a caution is required if the officers have
any grounds to suspect the person may have committed an offence. If they interview without caution (i.e. simply as a witness) and the person makes admissions then they may be ruled inadmissible if a caution has not been administered. There are no hard and fast rules about this - it is a professional judgement decision for the officer.
If, however, an officer decides that a person may have committed an offence and, hence, they caution, they must also provide other information about legal advice, etc.
including the fact that they are not under arrest and are free to leave at any time. If the officer has formed the opinion that (a) they have a power of arrest (and they may not have for some minor / consequential offences which rely on the conditions required to permit the use of the power of arrest in s.24(5)) and (b) that if the person trieds to leave then they will arrest them then the law obliges the arrest to be made at the outset.
The changed power of arrest (brought in by SOCPA s.110) allows arrest only where a variety of conditions apply. The vast majority of these would not arise in relation to the edges of this type of enquiry (as they involve absconding, harm to people, loss of property, etc) and so it is now even more common practice (and it has been pretty common for years in fraud and similar enquiries) for bit part players to be interviewed under caution but not under arrest.
The other issue which will be considered is whether or not the additional powers which come with arrest (such as the taking of samples to ID or the bringing of powers to search, seize property, etc.) are required in the particular case. Again, around the edges of this type of enquiry the answer is usually not.
I suspect the arrest of Kelly has been because of suspicions that evidence has been destroyed / hidden and so the powers would be needed (as cooperation was now considered unreliable) and the arrest condition of it being necessary under: "s.24(5)(e) - to allow the prompt and effective investigation of the offence or of the conduct of the person in question" now became justifiable.
I think the suggestions that there has been an attempt at a cover-up has very, very significantly increased the chances of evidence sufficient for charges being found. Computer based communication is exceptionally prone to leaving an audit trail despite the best attempts at attempting to clear it up. Not only does the originating machine have to be comprehensively "cleaned" to remove all traces but so do all servers that e-mails have passed through, all recipients machines, etc., etc., etc. IF any e-mails have been "lost" then I would be extremely optimistic that some proof of their existence and, probably their content, will be found. There has been a suggestion that an informant suggested the existence of the e-mails the police are now seeking - if such an informant is in communication with the police (i.e. can be asked questions, is not anonymous) then they are likely to be able to provide more than sufficient information about where to look.