Learning disability and the Police and Criminal Evidence Act 1984. Protection during investigative interviewing: A video-recorded false confession to double murder

Abstract

This article describes the case of a ‘mentally handicapped’ man who confessed falsely to a double murder during police interviewing. The confession was video-recorded and superficially appeared genuine and convincing. A psychological framework is provided to explain the process and mechanism which resulted in the false confession. It shows how such emotions as fear and shame can be misinterpreted by detectives as an indication of guilt. The case highlights the risk of a miscarriage of justice when vulnerable suspects are spoken to about a crime by police officers outside the setting of tape-recorded interviews, and the potential dangers of refusing private access to a solicitor and an appropriate adult prior to police interviews.