3 Interview recording using removable recording media device

3.1 When using an authorised removable recording media device (see paragraph 1.6(a)(i)), one recording, the master recording, will be sealed in the suspect’s presence. A second recording will be used as a working copy. The master recording is any of the recordings made by a multi-deck/drive machine or the only recording made by a single deck/drive machine. The working copy is one of the other recordings made by a multi-deck/drive machine or a copy of the master recording made by a single deck/drive machine.

3.2 The purpose of sealing the master recording before it leaves the suspect’s presence is to establish their confidence that the integrity of the recording is preserved. If a single deck/drive machine is used the working copy of the master recording must be made in the suspect’s presence and without the master recording leaving their sight. The working copy shall be used for making further copies if needed.

3.3 When the suspect is brought into the interview room or arrives at the location where the interview is to take place, the interviewer shall, without delay but in the suspect’s sight, unwrap or open the new recording media, load the recording device with new recording media and set it to record.

3.4 The interviewer must point out the sign or indicator which shows that the recording equipment is activated and is recording (see paragraph 1.6(a)(i)) and shall then:

(a) tell the suspect that the interview is being audibly recorded using an authorised removable recording media device and outline the recording process (see Note 3A);

(b) subject to paragraph 1.13, give their name and rank and that of any other interviewer present;

(c) ask the suspect and any other party present, e.g. the appropriate adult, a solicitor or interpreter, to identify themselves (see Note 3A);

(d) state the date, time of commencement and place of the interview;

(e) tell the suspect that:

they will be given a copy of the recording of the interview in the event that they are charged or informed that they will be prosecuted but if they are not charged or informed that they will be prosecuted they will only be given a copy as agreed with the police or on the order of a court; and

they will be given a written notice at the end of the interview setting out their right to a copy of the recording and what will happen to the recording and;

(f) if equipment for remote monitoring of interviews as described in paragraph 2.6 is installed, explain the contents of the notice to the suspect, solicitor and appropriate adult as required by paragraph 2.6(d) and point out the light that illuminates automatically as soon as remote monitoring is activated.

3.5 Any person entering the interview room after the interview has commenced shall be invited by the interviewer to identify themselves for the purpose of the audio recording and state the reason why they have entered the interview room.

3.6 The interviewer shall:

caution the suspect, see Code C section 10; and

if they are detained, remind them of their entitlement to free legal advice, see Code C, paragraph 11.2; or

if they are not detained under arrest, explain this and their entitlement to free legal advice (see Code C, paragraph 3.21) and ask the suspect to confirm that they agree to the voluntary interview proceeding (see Code C paragraph 3.22A).

3.7 The interviewer shall put to the suspect any significant statement or silence, see Code C, paragraph 11.4.

3.8 If the suspect appears to have a hearing impediment, the interviewer shall make a written note of the interview in accordance with Code C, at the same time as audio recording it in accordance with this Code. (See Notes 3B and 3C.)

3.9 If the suspect or an appropriate adult on their behalf, objects to the interview being audibly recorded either at the outset, during the interview or during a break, the interviewer shall explain that the interview is being audibly recorded and that this Code requires the objections to be recorded on the audio recording. When any objections have been audibly recorded or the suspect or appropriate adult have refused to have their objections recorded, the relevant officer shall decide in accordance with paragraph 2.3(d) (which requires the officer to have regard to the nature and circumstances of the objections) whether a written record of the interview or its continuation, is to be made and that audio recording should be turned off. Following a decision that a written record is to be made, the interviewer shall say they are turning off the recorder and shall then make a written record of the interview as in Code C, section 11. If, however, following a decision that a written record is not to be made, the interviewer may proceed to question the suspect with the audio recording still on. This procedure also applies in cases where the suspect has previously objected to the interview being visually recorded, see Code F paragraph 2.7, and the investigating officer has decided to audibly record the interview. (See Notes 2F and 3D.)

3.10 If in the course of an interview a complaint is made by or on behalf of the person being questioned concerning the provisions of this or any other Codes, or it comes to the interviewer’s notice that the person may have been treated improperly, the interviewer shall act as in Code C, paragraph 12.9. (See Notes 3E and 3F.)

3.11 If the suspect indicates they want to tell the interviewer about matters not directly connected with the offence of which they are suspected and they are unwilling for these matters to be audio recorded, the suspect should be given the opportunity to tell the interviewer about these matters after the conclusion of the formal interview.

3.12 When the recorder shows the recording media only has a short time left to run, the interviewer shall so inform the person being interviewed and round off that part of the interview. If the interviewer leaves the room for a second set of recording media, the suspect shall not be left unattended. The interviewer will remove the recording media from the recorder and insert the new recording media which shall be unwrapped or opened in the suspect’s presence. The recorder should be set to record on the new media. To avoid confusion between the recording media, the interviewer shall mark the media with an identification number immediately after it is removed from the recorder.

3.13 When a break is taken, the fact that a break is to be taken, the reason for it and the time shall be recorded on the audio recording.

3.14 When the break is taken and the interview room vacated by the suspect, the recording media shall be removed from the recorder and the procedures for the conclusion of an interview followed, see paragraph 3.19.

3.15 When a break is a short one and both the suspect and an interviewer remain in the interview room, the recording may be stopped. There is no need to remove the recording media and when the interview recommences the recording should continue on the same recording media. The time the interview recommences shall be recorded on the audio recording.

3.16 After any break in the interview the interviewer must, before resuming the interview, remind the person being questioned of their right to legal advice if they have not exercised it and that they remain under caution or, if there is any doubt, give the caution in full again. (See Note 3G.)

3.17 If there is an equipment failure which can be rectified quickly, e.g. by inserting new recording media, the interviewer shall follow the appropriate procedures as in paragraph

3.12. When the recording is resumed the interviewer shall explain what happened and record the time the interview recommences. However, if it is not possible to continue recording using the same recording device or by using a replacement device, the interview should be audio-recorded using a secure digital recording network device as in paragraph 4.1, if the necessary equipment is available. If it is not available, the interview may continue and be recorded in writing in accordance with paragraph 2.3 as directed by the ‘relevant officer’. (See Note 3H.)

3.18 Recording media which is removed from the recorder during the interview shall be retained and the procedures in paragraph 3.12 followed.

3.19 At the conclusion of the interview, the suspect shall be offered the opportunity to clarify anything they have said and asked if there is anything they want to add.

3.20 At the conclusion of the interview, including the taking and reading back of any written statement, the time shall be recorded and the recording shall be stopped. The interviewer shall seal the master recording with a master recording label and treat it as an exhibit in accordance with force standing orders. The interviewer shall sign the label and ask the suspect and any third party present during the interview to sign it. If the suspect or third party refuse to sign the label an officer of at least the rank of inspector, or if not available the custody officer, or if the suspect has not been arrested, a sergeant, shall be called into the interview room and asked, subject to paragraph 1.13, to sign it.

3.21 The suspect shall be handed a notice which explains:

how the audio recording will be used;

the arrangements for access to it;

that if they are charged or informed they will be prosecuted, a copy of the audio recording will be supplied as soon as practicable or as otherwise agreed between the suspect and the police or on the order of a court.

3.22 The interviewer shall make a note in their pocket book that the interview has taken place and that it was audibly recorded, the time it commenced, its duration and date and identification number of the master recording (see Note 3I).

3.23 If no proceedings follow in respect of the person whose interview was recorded, the recording media must be kept securely as in paragraph 3.22 and Note 3J.

(i) General

3.24 The officer in charge of each police station at which interviews with suspects are recorded or as the case may be, where recordings of interviews carried out elsewhere than at a police station are held, shall make arrangements for master recordings to be kept securely and their movements accounted for on the same basis as material which may be used for evidential purposes, in accordance with force standing orders. (See Note 3J.)

(ii) Breaking master recording seal for criminal proceedings

3.25 A police officer has no authority to break the seal on a master recording which is required for criminal trial or appeal proceedings. If it is necessary to gain access to the master recording, the police officer shall arrange for its seal to be broken in the presence of a representative of the Crown Prosecution Service. The defendant or their legal adviser should be informed and given a reasonable opportunity to be present. If the defendant or their legal representative is present they shall be invited to re-seal and sign the master recording. If either refuses or neither is present this should be done by the representative of the Crown Prosecution Service. (See Notes 3K and 3L.)

(iii) Breaking master recording seal: other cases

3.26 The chief officer of police is responsible for establishing arrangements for breaking the seal of the master copy where no criminal proceedings result, or the criminal proceedings to which the interview relates, have been concluded and it becomes necessary to break the seal. These arrangements should be those which the chief officer considers are reasonably necessary to demonstrate to the person interviewed and any other party who may wish to use or refer to the interview record that the master copy has not been tampered with and that the interview record remains accurate. (See Note 3M.)

3.27 Subject to paragraph 3.29, a representative of each party must be given a reasonable opportunity to be present when the seal is broken and the master recording copied and re- sealed.

3.28 If one or more of the parties is not present when the master copy seal is broken because they cannot be contacted or refuse to attend or paragraph 3.29 applies, arrangements should be made for an independent person such as a custody visitor, to be present. Alternatively, or as an additional safeguard, arrangements should be made to visually record the procedure.

3.29 Paragraph 3.28 does not require a person to be given an opportunity to be present when;

(a) it is necessary to break the master copy seal for the proper and effective further investigation of the original offence or the investigation of some other offence; and

(b) the officer in charge of the investigation has reasonable grounds to suspect that allowing an opportunity might prejudice such an investigation or criminal proceedings which may be brought as a result or endanger any person. (See Note 3N.)

(iv) Documentation

3.30 When the master recording seal is broken, a record must be made of the procedure followed, including the date, time, place and persons present.

Commencement of interviews (paragraph 3.3)

3A When outlining the recording process, the interviewer should refer to paragraph 1.6(a)(ii) and (iii) and briefly describe how the recording device being used is operated and how recordings are made. For the purpose of voice identification the interviewer should ask the suspect and any other people present to identify themselves.

Interviews with suspects who appear to have a hearing impediment (paragraph 3.8)

3B This provision is to give a person who is deaf or has impaired hearing equivalent rights of access to the full interview record as far as this is possible using audio recording.

3C The provisions of Code C on interpreters for suspects who do not appear to speak or understand English or who appear to have a hearing or speech impediment, continue to apply.

Objections and complaints by the suspect (paragraph 3.9)

3D The relevant officer should be aware that a decision to continue recording against the wishes of the suspect may be the subject of comment in court.

3E If the custody officer, or in the case of a person who has not been arrested, a sergeant, is called to deal with the complaint, the recorder should, if possible, be left on until the officer has entered the room and spoken to the person being interviewed. Continuation or termination of the interview should be at the interviewer’s discretion pending action by an inspector under Code C, paragraph 9.2.

3F If the complaint is about a matter not connected with this Code or Code C, the decision to continue is at the interviewer’s discretion. When the interviewer decides to continue the interview, they shall tell the suspect that at the conclusion of the interview, the complaint will be brought to the attention of the custody officer, or in the case of a person who has not been arrested, a sergeant. When the interview is concluded the interviewer must, as soon as practicable, inform the custody officer or, as the case may be, the sergeant, about the existence and nature of the complaint made.

3G In considering whether to caution again after a break, the interviewer should bear in mind that they may have to satisfy a court that the person understood that they were still under caution when the interview resumed. The interviewer should also remember that it may be necessary to show to the court that nothing occurred during a break or between interviews which influenced the suspect’s recorded evidence. After a break or at the beginning of a subsequent interview, the interviewer should consider summarising on the record the reason for the break and confirming this with the suspect.

Failure of recording equipment (paragraph 3.17)

3H Where the interview is being recorded and the media or the recording equipment fails the interviewer should stop the interview immediately. Where part of the interview is unaffected by the error and is still accessible on the media, that part shall be copied and sealed in the suspect’s presence as a master copy and the interview recommenced using new equipment/media as required. Where the content of the interview has been lost in its entirety, the media should be sealed in the suspect’s presence and the interview begun again. If the recording equipment cannot be fixed and no replacement is immediately available, subject to paragraph 2.3, the interview should be recorded in accordance with Code C, section 11.

3I Any written record of an audio recorded interview should be made in accordance with current national guidelines for police officers, police staff and CPS prosecutors concerned with the preparation, processing and submission of prosecution files.

Master Recording security (paragraphs 3.24 to 3.30)

3J This section is concerned with the security of the master recording sealed at the conclusion of the interview. Care must be taken of working copy recordings because their loss or destruction may lead unnecessarily to the need to access master recordings.

Breaking master recording seal for criminal proceedings (paragraph 3.25)

3K If the master recording has been delivered to the crown court for their keeping after committal for trial the crown prosecutor will apply to the chief clerk of the crown court centre for the release of the recording for unsealing by the crown prosecutor.

3L Reference to the Crown Prosecution Service or to the crown prosecutor in this part of the Code should be taken to include any other body or person with a statutory responsibility for the proceedings for which the police recorded interview is required.

Breaking master recording seal: other cases (paragraphs 3.26 to 3.29)

3M The most common reasons for needing access to master copies that are not required for criminal proceedings arise from civil actions and complaints against police and civil actions between individuals arising out of allegations of crime investigated by police.

3N Paragraph 3.29(b) could apply, for example, when one or more of the outcomes or likely outcomes of the investigation might be; (i) the prosecution of one or more of the original suspects; (ii) the prosecution of someone previously not suspected, including someone who was originally a witness, and (iii) any original suspect being treated as a prosecution witness and when premature disclosure of any police action, particularly through contact with any parties involved, could lead to a real risk of compromising the investigation and endangering witnesses.