Laura Oxburgh, ICJS, University of Portsmouth, UK

1. Investigative interviewing, communication, and mental disorder: Current perspectives from practitioners Laura Oxburgh, ICJS, University of Portsmouth, UK Dr. Becky Milne, ICJS, University of Portsmouth, UK Dr. Julie Cherryman, Dept. of Psychology, University of Portsmouth, UK

2. Overview • Vulnerability and mental disorder • Current police practice in England and Wales • Psychological theories and current literature • Present study • Results • Implications for practice

3. Vulnerability • Not a new phenomenon • Risk factors • Psychological vulnerabilities: ‘Psychological characteristics or mental state which render an [individual] prone, in certain circumstances, to providing information which is inaccurate, unreliable or misleading’ (Gudjonsson, 2006, p.68). Mental Disorder Intellectual Functioning Abnormal Mental States Personality

4. Mental Disorder • ‘…any disorder or disability of the mind…’ (Mental Health Act, 2007) • One in six British adults (Singleton, Bumpstead, O’Brien, Lee & Meltzer, 2001) • Worldwide estimations – 450 million individuals (World Health Organisation, 2001)

5. Mental Disorder

6. Current UK Police Practice • Police custody = key point of contact for mentally disordered (MD) individuals (Sirdifield & Brooker, 2012) • Section 136 (MHA, 2007) • Assessed for fitness to interview • Difficulties in identification and interview – guidance in Code C (PACE Act, 1984) not sufficient (O'Mahony, Milne & Grant, 2012).

7. Psychological Theories Schema Theory Structured set of cognitions that simplify information Guide expectations and future interactions Schemas of police officers may impact on practice Police officers’ perceptions impact on their decisions and treatment of MD suspects but also on the MD suspects’ level of co-operation Labelling Theory Difficult to remove label; stigma (Anderson & Taylor, 2009) Addresses perceptions and attitudes of those who ‘label’ Chambliss (1973): ‘saints’ and ‘roughnecks’ Procedural Justice Theory Co-operation maximised if fair treatment perceived (Tyler & Blader, 2003) Association between procedural justice and co-operation moderated by perceived stigma (Watson & Angell, 2013)

8. Current Literature • Majority focuses on police officers’ perceptions of learning disabilities: • Gendle & Woodhams (2005) • Cant & Standen(2007) • Recently, only one UK study focused on police officers’ perceptions of MD suspects (McLean & Marshall, 2010): • Nine police officers, semi-structured interviews • Findings • Consistent with similar studies in other countries

9. Present Study: Rationale

10. Present Study: Aims • Using a sample of serving police officers, the research aimed to explore (in relation to MD suspects): • Their experiences of conducting interviews; • Any stages of the PEACE model of interviewing that are perceived to be easier or more difficult; • Respondents’ experiences in terms of effective/non-effective communication in interviews conducted, with particular focus on questioning techniques; • The perceptions and understanding of the support provided during the interview process; • The perceptions and efficacy of current training

11. Present Study: Method • Grounded Theory approach (Glaser, 1978): Questionnaire focused on perceptions • Distributed to six police forces in England and Wales • Purposive Sample: Inclusion criteria, Data saturation resulted in 35 respondents (24 male, 11 female) • Mean age of all respondents was 42 years old, mean length of service was 17 years, majority of respondents had not received training on MD • Data analysis followed grounded theory process – construction of theories that are ‘grounded’ in the data (Charmaz, 2006)

12. Results and Discussion • Ten conceptual categories emerged which were grouped under three umbrella terms: Interviewee Centred Interviewer Centred 4. Emphasis and Importance of Investigation Relevant Information 5. Impact of Question Type on Behaviour and Cognition 6. Use and Impact on Time 7. Control and Planned Interviews Interview Centred 8. Appropriateness of Person Centred Approach (PCA) and Communication Accommodation Theory (ACT) 9. Interviewer Experience and Perception of Safeguards 10. Current and Future Training Perceptions 1. Understanding and Perceptions of Mental Disorder 2. Communication in Mental Disorder 3. Cognition Level and Subsequent Assistance

13. Results and Discussion • Understanding and Perceptions of Mental Disorder: • Misperceptions of what a MD is regardless of level of experience (as found in Gendle & Woodhams, 2005) ‘Learning difficulties…’ ‘Interview of a male with Autism…’ - Persistent and high-stake crime offenders ‘There was another male who was schizophrenic whom I was not allowed to interview but I did charge him with attempted murder…’

14. Results and Discussion • Understanding and Perceptions of Mental Disorder: • Difficult interviewees • ‘I have found a refusal to explore a topic difficult. The person was adamant he was in the right and refused to contemplate any other possibilities…’ Link to Schema Theory (stereotypes of MD suspect)

15. Results and Discussion • Impact of Question Type on Behaviour and Cognition • Belief that open questions are most commonly used – although this is not the case (Myklebust & Bjorklund, 2006; Oxburgh, Ost & Cherryman, 2012) • Positive and negative use of open questions ‘It gives them a chance to freely express themselves in their own way…’ ‘Open questions can be too wide…’ • Positive and negative use of closed questions ‘more specific or closed choice are easier to understand…’ ‘It is still important to not lead the suspect or to give them an opportunity not to answer a question properly…’

16. Results and Discussion • Impact of Question Type on Behaviour and Cognition • Impact of respondent experience on perceptions Link to Procedural Justice Theory (more co-operation if appropriate question type used; function of question?)

17. Results and Discussion • Interviewer Experience and Perceptions of Safeguards • Importance of actual experiences • Perceptions of safeguards ‘I have had personal experiences of Dementia, Depression and Anxiety and apply this to anyone I deal with…’ ‘… not enough practice of interviewing people with mental disorders…’ ‘He clearly had significant mental health issues but was deemed fit for interview … he was later found to be seriously mentally ill…’ ‘…an appropriate adult was used to facilitate communication…

18. Results and Discussion • Interviewer Experience and Perceptions of Safeguards • Influenced by level of respondent experience • ‘…when I first joined as you would not question the wisdom of the FME or custody nurse, who would say that the defendant is fit for interview and are ‘well’ when on occasions they clearly have mental health problems. I am far more cautious now…’

20. Implications for Practice and Conclusions • Although there are misperceptions overall regarding MD, it is evident that the level of experience is a contributory factor in their perceptions overall, and police are responding to their needs • Current psychological theories explain some of the results • PETT adds to the current psychological theory base, though further testing is required • Insight into current practice • Implications for further development of safeguards • Implications for training – preference for experiential training

21. Any Questions?laura.oxburgh@port.ac.uk