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 1C.

1.1 This Code of Practice must be readily available for consultation by police officers and other police staff, detained persons and 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 matters to which this Code applies and provisions that govern the conduct and recording of those interviews and other matters are described in section 2.

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

1.5 Not used.

1.5 A The provisions of Code E which require interviews with suspects to be audio recorded and the provisions of this Code 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.

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

1.6 Not used. 1.6A Not used.

1.7 Not used.

1.8 Not used.

1A Not used.

1B Not used.

1C 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.