1 General

1.0 The procedures in this Code must be used fairly, responsibly, with respect for the people to whom they apply and without unlawful discrimination. Under the Equality Act 2010, section 149 (Public Sector Equality Duty), police forces must, in carrying out their functions, have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct which is prohibited by that Act, to advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it, and to foster good relations between those persons. The Equality Act also makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity, when using their powers. See Note 1B.

1.1 This Code of Practice must be readily available for consultation by:

police officers

police staff

detained persons

members of the public.

1.2 The Notes for Guidance included are not provisions of this Code. They form guidance to police officers and others about its application and interpretation.

1.3 Nothing in this Code shall detract from the requirements of Code C, the Code of Practice for the detention, treatment and questioning of persons by police officers.

1.4 The interviews and other matters to which this Code applies are described in section 2. This Code does not apply to the conduct and recording in England and Wales, of:

interviews of persons detained under section 41 of, or Schedule 7 to, the Terrorism Act 2000, and

post-charge questioning of persons authorised under section 22 of the Counter- Terrorism Act 2008.

These must be video recorded with sound in accordance with the provisions of the separate Code of Practice issued under paragraph 3 of Schedule 8 to the Terrorism Act 2000 and under section 25 of the Counter-Terrorism Act 2008. If, during the course of an interview or questioning under this Code, it becomes apparent that the interview or questioning should be conducted under that separate Code, the interview should only continue in accordance with that Code.

Note: The provisions of this Code and Code F which govern the conduct and recording of interviews do not apply to interviews with, or taking statements from, witnesses.

1.5 In this Code:

‘appropriate adult’ has the same meaning as in Code C, paragraph 1.7.

‘vulnerable person’ has the same meaning as described in Code C paragraph 1.13(d).

‘solicitor’ has the same meaning as in Code C, paragraph 6.12.

‘interview’ has the same meaning as in Code C, paragraph 11.1A.

1.5 A The provisions of this Code which require interviews with suspects to be audio recorded and the provisions of Code F which permit simultaneous visual recording provide safeguards:

for suspects against inaccurate recording of the words used in questioning them and of their demeanour during the interview; and;

for police interviewers against unfounded allegations made by, or on behalf of, suspects about the conduct of the interview and what took place during the interview which might otherwise appear credible.

Recording of interviews must therefore be carried out openly to instil confidence in its reliability as an impartial and accurate record of the interview.

1.5 B The provisions of Code C:

sections 10 and 11, and the applicable Notes for Guidance apply to the conduct of interviews to which this Code applies.

paragraphs 11.7 to 11.14 apply only when a written record is needed.

1.5 C Code C, paragraphs 10.10, 10.11 and Annex C describe the restriction on drawing adverse inferences from an arrested suspect’s failure or refusal to say anything about their involvement in the offence when interviewed or after being charged or informed they may be prosecuted, and how it affects the terms of the caution and determines if and by whom a special warning under sections 36 and 37 of the Criminal Justice and Public Order Act 1994 can be given.

1.6 In this Code:

(a) in relation to the place where an interview of a suspect to which this Code or (as the case may be) Code F, applies, is conducted and recorded (see Note 1A):

(i) ‘authorised’ in relation to the recording devices described in (ii) and (iii), means any such device that the chief officer has authorised interviewers under their direction and control to use to record the interview in question at the place in question,

provided that the interviewer in question has been trained to set up and operate the device, in compliance with the manufacturer’s instructions and subject to the operating procedures required by the chief officer;

(ii) ‘removable recording media device’ means a recording device which, when set up and operated in accordance with the manufacturer’s instructions and the operating procedures required by the chief officers, uses removable, physical recording media (such as magnetic tape, optical disc or solid state memory card) for the purpose of making a clear and accurate, audio recording or (as the case may be) audio-visual recording, of the interview in question which can then be played back and copied using that device or any other device. A sign or indicator on the device which is visible to the suspect must show when the device is recording;

(iii) ‘secure digital recording network device’ means a recording device which, when set up and operated in accordance with the manufacturer’s instructions and the operating procedures required by the chief officers, enables a clear and accurate original audio recording or (as the case may be) audio-visual recording, of the interview in question, to be made and stored using non-removable storage, as a digital file or a series of such files that can be securely transferred by a wired or wireless connection to a remote secure network file server system (which may have cloud based storage) which ensures that access to interview recordings for all purposes is strictly controlled and is restricted to those whose access, either generally or in specific cases, is necessary. Examples of access include playing back the whole or part of any original recording and making one or more copies of, the whole or part of that original recording. A sign or indicator on the device which is visible to the suspect must show when the device is recording.

(b) ‘designated person’ means a person other than a police officer, who has specified powers and duties conferred or imposed on them by designation under section 38 or 39 of the Police Reform Act 2002.

(c) any reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation.

1.7 Section 2 of this Code sets out the requirement that an authorised recording device, if available, must be used to record a suspect interview and when such a device cannot be used, it allows a ‘relevant officer’ (see paragraph 2.3(c)) to decide that the interview is to be recorded in writing in accordance with Code C. For detained suspects, the ‘relevant officer’ is the custody officer and for voluntary interviews, the officer is determined according to the type of offence (indictable or summary only) and where the interview takes place (police station or elsewhere). Provisions in sections 3 and 4 deal with the conduct and recording of interviews according to the type of authorised recording device used. Section 3 applies to removable recording media devices (see paragraph 1.6(a)(i)) and section 4 applies to secure digital recording network devices (see paragraph 1.6(a)(ii)). The Annex applies when a voluntary interview is conducted elsewhere than at a police station about one of the four offence types specified in the Annex. For such interviews, the relevant officer is the interviewer.

1.8 Nothing in this Code prevents the custody officer, or other officer given custody of the detainee, from allowing police staff who are not designated persons to carry out individual procedures or tasks at the police station if the law allows. However, the officer remains responsible for making sure the procedures and tasks are carried out correctly in accordance with this Code. Any such police staff must be:

(a) a person employed by a police force and under the control and direction of the Chief Officer of that force; or

(b) E employed by a person with whom a police force has a contract for the provision of services relating to persons arrested or otherwise in custody.

1.9 Designated persons and other police staff must have regard to any relevant provisions of the Codes of Practice.

1.10 References to pocket book shall include any official report book or electronic recording device issued to police officers or police staff that enables a record required to be made by any provision of this Code (but which is not an audio record to which paragraph 2.1 applies) to be made and dealt with in accordance with that provision. References in this Code to written records, forms and signatures include electronic records and forms and electronic confirmation that identifies the person making the record or completing the form.

Chief officers must be satisfied as to the integrity and security of the devices, records and forms to which this paragraph applies and that use of those devices, records and forms satisfies relevant data protection legislation.

1.11 References to a custody officer include those performing the functions of a custody officer as in paragraph 1.9 of Code C.

1.12 Not used.

1.13 Nothing in this Code requires the identity of officers or police staff conducting interviews to be recorded or disclosed if the interviewer reasonably believes recording or disclosing their name might put them in danger. In these cases, the officers and staff should use warrant or other identification numbers and the name of their police station. Such instances and the reasons for them shall be recorded in the custody record or the interviewer’s pocket book. (See Note 1C.)

1A An interviewer who is not sure, or has any doubt, about whether a place or location elsewhere than a police station is suitable for carrying out an interview of a juvenile or vulnerable person, using a particular recording device, should consult an officer of the rank of sergeant or above for advice. See Code C paragraphs 3.21, 3.22 and Note 3I

1B In paragraph 1.0, under the Equality Act 2010, section 149, the ‘relevant protected characteristics’ are: age, disability, gender reassignment, pregnancy and maternity, race, religion/belief, and sex and sexual orientation. For further detailed guidance and advice on the Equality Act, see: https://www.gov.uk/guidance/equality-act-2010-guidance.

1C The purpose of paragraph 1.13 is to protect those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to those involved. In cases of doubt, an officer of the rank of inspector or above should be consulted.

1D Attention is drawn to the provisions set out in Code C about the matters to be considered when deciding whether a detained person is fit to be interviewed.