When determining custody, which of the following is a key consideration?

When determining custody, the location of the interrogation plays a significant role. The environment in which a suspect is questioned can heavily influence their perception of whether they are free to leave or not. If the interrogation takes place in a police station or another formal setting, it may suggest to the suspect that they are not free to depart, indicating custody. Conversely, if the interrogation occurs in a more neutral or public space, it could imply that the suspect has more freedom, thereby potentially not meeting the criteria for custody.

Other factors, such as the length of the interrogation, whether it is recorded, and the age of the suspect, may also be relevant in certain contexts, but they do not carry the same weight in establishing the key elements of custody when compared to the location of the interrogation. The understanding of custody is primarily influenced by scenarios that affect a person's liberty and the coercive nature of the situation.