4 Interview recording using secure digital recording network device.

4.1 An authorised secure digital recording network device (see paragraph 1.6(a)(iii) does not use removable media and this section specifies the provisions which will apply when such a device is used. For ease of reference, it repeats in full some of the provisions of section 3 that apply to both types of recording device.

4.2 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 and in the sight of the suspect, switch on the recording equipment and in accordance with the manufacturer’s instructions start recording.

4.3 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)(iii)) and shall then:

(a) tell the suspect that the interview is being audibly recorded using an authorised secure digital recording network 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; and

(e) inform the person that:

they will be given access to 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 access 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 rights to access the recording and what will happen to the recording.

(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.

4.4 Paragraphs 3.5 to 3.7 apply.

4.5 Paragraph 3.8 applies.

4.6 Paragraphs 3.9, 3.10 and 3.11 apply.

4.7 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. The recording shall be stopped and the procedures in paragraphs 4.11 and 4.12 for the conclusion of interview followed.

4.8 When the interview recommences the procedures in paragraphs 4.2 to 4.3 for commencing an interview shall be followed to create a new file to record the continuation of the interview. The time the interview recommences shall be recorded on the audio recording.

4.9 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).

4.10 If there is an equipment failure which can be rectified quickly, e.g. by commencing a new secure digital network recording using the same device or a replacement device, the interviewer shall follow the appropriate procedures as in paragraphs 4.7 to 4.9 (Taking a break during interview). 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 on the same device or by using a replacement device, the interview should be audio-recorded on removable media as in paragraph 3.3, 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.)

4.11 At the conclusion of the interview, the suspect shall be offered the opportunity to clarify anything he or she has said and asked if there is anything they want to add.

4.12 At the conclusion of the interview, including the taking and reading back of any written statement:

(a) the time shall be orally recorded.

(b) the suspect shall be handed a notice (see Note 4A) which explains:

how the audio recording will be used

the arrangements for access to it

that if they are charged or informed that they will be prosecuted, they will be given access to the recording of the interview either electronically or by being given a copy on removable recording media, but if they are not charged or informed that they will prosecuted, they will only be given access as agreed with the police or on the order of a court.

(c) the suspect must be asked to confirm that he or she has received a copy of the notice at sub-paragraph (b) above. If the suspect fails to accept or to acknowledge receipt of the notice, the interviewer will state for the recording that a copy of the notice has been provided to the suspect and that he or she has refused to take a copy of the notice or has refused to acknowledge receipt.

(d) the time shall be recorded and the interviewer shall ensure that the interview record is saved to the device in the presence of the suspect and any third party present during the interview and notify them accordingly. The interviewer must then explain that the record will be transferred securely to the remote secure network file server (see paragraph 4.15). If the equipment is available to enable the record to be transferred there and then in the suspect’s presence, then it should be so transferred. If it is transferred at a later time, the time and place of the transfer must be recorded. The suspect should then be informed that the interview is terminated.

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

4.14 If no proceedings follow in respect of the person whose interview was recorded, the recordings must be kept securely as in paragraphs 4.15 and 4.16.

4.15 The recordings are first saved locally on the device before being transferred to the remote network file server system (see paragraph 1.6(a)(iii)). The recording remains on the local device until the transfer is complete. If for any reason the network connection fails, the recording will be transferred when the network connection is restored (see paragraph 4.12(d)). The interview record files are stored in read only form on non-removable storage devices, for example, hard disk drives, to ensure their integrity.

4.16 Access to interview recordings, including copying to removable media, must be strictly controlled and monitored to ensure that access is restricted to those who have been given specific permission to access for specified purposes when this is necessary. For example, police officers and CPS lawyers involved in the preparation of any prosecution case, persons interviewed if they have been charged or informed they may be prosecuted and their legal representatives.

4A The notice at paragraph 4.12(b) above should provide a brief explanation of the secure digital network and how access to the recording is strictly limited. The notice should also explain the access rights of the suspect, their legal representative, the police and the prosecutor to the recording of the interview. Space should be provided on the form to insert the date, the identification number, filename or other reference for the interview recording.