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code_e [2017/06/22 13:48] (current)
frescom created
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 +CODE E
 +Revised
 +Code of Practice on
 +Audio Recording Interviews
 +with Suspects
 +Code
 +E
 +Police and Criminal
 +Evidence Act 1984 (PACE)
 +67(7B)
 +CODE E
 +Revised
 +Code of Practice on
 +Audio Recording Interviews
 +with Suspects
 +London: TSO
 +Published with the permission of Home Office on behalf of the Controller of Her
 +Majesty’s Stationery Office.
 +© Crown Copyright 2016
 +All rights reserved.
 +You may re-use this document/​publication (not including logos) free of charge in any format
 +or medium, under the terms of the Open Government Licence. To view this licence, visit
 +http://​www.nationalarchives.gov.uk/​doc/​open-government-licence or write to the
 +Information Policy Team, The National Archives, Kew, Richmond, Surrey TW9 4DU; or
 +email: psi@nationalarchives.gsi.gov.uk.
 +ISBN 978 0 11 341392 8
 +First published 2016
 +Printed in the United Kingdom for The Stationery Office
 +P002771477 C1 02/16 52344
 +Published by TSO (The Stationery Office) and available from:
 +Online
 +www.tsoshop.co.uk
 +Mail, Telephone, Fax & E-mail
 +TSO
 +PO Box 29, Norwich, NR3 1GN
 +Telephone orders/​General enquiries: 0333 202 5070
 +Fax orders: 0333 202 5080
 +E-mail: customer.services@tso.co.uk
 +Textphone: 0333 202 5077
 +TSO@Blackwell and other Accredited Agents
 +1
 +POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
 +CODE E
 +REVISED
 +CODE OF PRACTICE ON AUDIO RECORDING INTERVIEWS WITH SUSPECTS
 +Commencement - Transitional Arrangements
 +This Code applies to interviews carried out after 00.00
 +notwithstanding that the interview may have commenced before that time.
 +on 2 February 2016,
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +2
 +Contents (click page number to view text)
 +1 General ................................................................................................................. 4
 +Notes for Guidance ............................................................................................... 5
 +2 Recording and sealing master recordings ....................................................... 5
 +Notes for guidance ................................................................................................ 6
 +3 Interviews to be audio recorded ........................................................................ 6
 +Notes for guidance ................................................................................................ 7
 +4 The interview ....................................................................................................... 8
 +(a) General ......................................................................................................... 8
 +(b) Commencement of interviews ...................................................................... 8
 +(c) Interviews with suspects who appear to have a hearing impediment ........... 9
 +(d) Objections and complaints by the suspect ................................................... 9
 +(e) Changing recording media ........................................................................... 9
 +(f) Taking a break during interview ................................................................... 9
 +(g) Failure of recording equipment ................................................................... 10
 +(h) Removing recording media from the recorder ............................................ 10
 +(i) Conclusion of interview .............................................................................. 10
 +Notes for guidance .............................................................................................. 10
 +5 After the interview ............................................................................................. 11
 +Note for guidance ............................................................................................... 11
 +6 Master Recording security ............................................................................... 12
 +(a) General ....................................................................................................... 12
 +(b) Breaking master recording seal for criminal proceedings ........................... 12
 +(c) Breaking master recording seal: other cases ............................................. 12
 +(d) Documentation ........................................................................................... 12
 +Notes for guidance .............................................................................................. 13
 +7 Recording of Interviews by Secure Digital Network ...................................... 14
 +(a) Application of sections 1 to 6 of Code E ..................................................... 14
 +(b) Commencement of Interviews .................................................................... 14
 +(c) Taking a break during interview ................................................................. 14
 +(d) Failure of recording equipment ................................................................... 15
 +(e) Conclusion of interview .............................................................................. 15
 +(f) After the interview ....................................................................................... 15
 +(g) Security of secure digital network interview records ................................... 15
 +Note for Guidance ............................................................................................... 16
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +2
 +Contents (click page number to view text)
 +1 General ................................................................................................................. 4
 +Notes for Guidance ............................................................................................... 5
 +2 Recording and sealing master recordings ....................................................... 5
 +Notes for guidance ................................................................................................ 6
 +3 Interviews to be audio recorded ........................................................................ 6
 +Notes for guidance ................................................................................................ 7
 +4 The interview ....................................................................................................... 8
 +(a) General ......................................................................................................... 8
 +(b) Commencement of interviews ...................................................................... 8
 +(c) Interviews with suspects who appear to have a hearing impediment ........... 9
 +(d) Objections and complaints by the suspect ................................................... 9
 +(e) Changing recording media ........................................................................... 9
 +(f) Taking a break during interview ................................................................... 9
 +(g) Failure of recording equipment ................................................................... 10
 +(h) Removing recording media from the recorder ............................................ 10
 +(i) Conclusion of interview .............................................................................. 10
 +Notes for guidance .............................................................................................. 10
 +5 After the interview ............................................................................................. 11
 +Note for guidance ............................................................................................... 11
 +6 Master Recording security ............................................................................... 12
 +(a) General ....................................................................................................... 12
 +(b) Breaking master recording seal for criminal proceedings ........................... 12
 +(c) Breaking master recording seal: other cases ............................................. 12
 +(d) Documentation ........................................................................................... 12
 +Notes for guidance .............................................................................................. 13
 +7 Recording of Interviews by Secure Digital Network ...................................... 14
 +(a) Application of sections 1 to 6 of Code E ..................................................... 14
 +(b) Commencement of Interviews .................................................................... 14
 +(c) Taking a break during interview ................................................................. 14
 +(d) Failure of recording equipment ................................................................... 15
 +(e) Conclusion of interview .............................................................................. 15
 +(f) After the interview ....................................................................................... 15
 +(g) Security of secure digital network interview records ................................... 15
 +Note for Guidance ............................................................................................... 16
 +Codes of Practice – Code E Audio recording interviews with suspects
 +3
 +ANNEX: PARAGRAPH 3.1(a)(iii) - EXEMPTION FROM REQUIREMENT TO
 +AUDIO RECORD INTERVIEWS FOR INDICTABLE OFFENCES -
 +CONDITIONS. .......................................................................................... 17
 +Part 1: Four specified indictable offence types – four conditions ....................... 17
 +Part 2: Other provisions applicable to interviews to which this Annex applies .. 18
 +Notes for Guidance ............................................................................................. 18
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +4
 +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, when police officers are carrying out their functions, they also have a duty to have due
 +regard to the need to eliminate unlawful discrimination,​ harassment and victimisation,​ to
 +advance equality of opportunity between people who share a relevant protected
 +characteristic and people who do not share it, and to take steps to foster good relations
 +between those persons. 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.
 +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 to which this Code applies are described in section 3.
 +1.5 The term:
 +• ‘appropriate adult’ has the same meaning as in Code C, paragraph 1.7 and in the case
 +of a 17 year old suspect, includes the person called to fulfil that role in accordance with
 +paragraph 1.5A of Code C.
 +• ‘solicitor’ has the same meaning as in Code C, paragraph 6.12.
 +• ‘interview’ has the same meaning as in Code C, paragraph 11.1A.
 +1.5A Recording of interviews shall be carried out openly to instil confidence in its reliability as an
 +impartial and accurate record of the interview.
 +1.6 In this Code:
 +(aa) ‘recording media’ means any removable, physical audio recording medium (such as
 +magnetic tape, optical disc or solid state memory) which can be played and copied.
 +(a) ‘designated person’ means a person other than a police officer, designated under the
 +Police Reform Act 2002, Part 4 who has specified powers and duties of police officers
 +conferred or imposed on them;
 +(b) 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.
 +(c) ‘secure digital network’ is a computer network system which enables an original
 +interview recording to be stored as a digital multi media file or a series of such files, on
 +a secure file server which is accredited by the National Accreditor for Police Information
 +Systems in accordance with the UK Government Protective Marking Scheme. (See
 +section 7 of this Code.)
 +1.7 Sections 2 to 6 of this Code set out the procedures and requirements which apply to all
 +audio recorded interviews together with the provisions which apply only to interviews which
 +are audio recorded using removable media. Section 7 sets out the provisions which apply
 +to interviews which are audio recorded using a secure digital network and specifies the
 +provisions in sections 2 to 6 which do not apply to secure digital network recording. The
 +Annex to this Code sets out the terms and conditions of the exemption from the
 +requirement to audio record interviews about indictable offences referred to in paragraph
 +3.1(a)(iii).
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +4
 +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, when police officers are carrying out their functions, they also have a duty to have due
 +regard to the need to eliminate unlawful discrimination,​ harassment and victimisation,​ to
 +advance equality of opportunity between people who share a relevant protected
 +characteristic and people who do not share it, and to take steps to foster good relations
 +between those persons. 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.
 +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 to which this Code applies are described in section 3.
 +1.5 The term:
 +• ‘appropriate adult’ has the same meaning as in Code C, paragraph 1.7 and in the case
 +of a 17 year old suspect, includes the person called to fulfil that role in accordance with
 +paragraph 1.5A of Code C.
 +• ‘solicitor’ has the same meaning as in Code C, paragraph 6.12.
 +• ‘interview’ has the same meaning as in Code C, paragraph 11.1A.
 +1.5A Recording of interviews shall be carried out openly to instil confidence in its reliability as an
 +impartial and accurate record of the interview.
 +1.6 In this Code:
 +(aa) ‘recording media’ means any removable, physical audio recording medium (such as
 +magnetic tape, optical disc or solid state memory) which can be played and copied.
 +(a) ‘designated person’ means a person other than a police officer, designated under the
 +Police Reform Act 2002, Part 4 who has specified powers and duties of police officers
 +conferred or imposed on them;
 +(b) 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.
 +(c) ‘secure digital network’ is a computer network system which enables an original
 +interview recording to be stored as a digital multi media file or a series of such files, on
 +a secure file server which is accredited by the National Accreditor for Police Information
 +Systems in accordance with the UK Government Protective Marking Scheme. (See
 +section 7 of this Code.)
 +1.7 Sections 2 to 6 of this Code set out the procedures and requirements which apply to all
 +audio recorded interviews together with the provisions which apply only to interviews which
 +are audio recorded using removable media. Section 7 sets out the provisions which apply
 +to interviews which are audio recorded using a secure digital network and specifies the
 +provisions in sections 2 to 6 which do not apply to secure digital network recording. The
 +Annex to this Code sets out the terms and conditions of the exemption from the
 +requirement to audio record interviews about indictable offences referred to in paragraph
 +3.1(a)(iii).
 +Codes of Practice – Code E Audio recording interviews with suspects
 +5
 +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) 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 include any official report book issued to police officers or police
 +staff.
 +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 In the application of this Code to the conduct and recording of an interview of a suspect
 +who has not been arrested:
 +(a) references to the ‘custody officer’ include references to an officer of the rank of
 +sergeant or above who is not directly involved in the investigation of the offence(s);
 +(b) if the interview takes place elsewhere than at a police station, references to ‘interview
 +room’ include any place or location which the interviewer is satisfied will enable the
 +interview to be conducted and recorded in accordance with this Code and where the
 +suspect is present voluntarily (see Note 1A), and
 +(c) provisions in addition to those which expressly apply to these interviews shall be
 +followed insofar as they are relevant and can be applied in practice.
 +Notes for Guidance
 +1A An interviewer who is not sure, or has any doubt, about the suitability of a place or location
 +of an interview to be carried out elsewhere than at a police station, should consult an officer
 +of the rank of sergeant or above for advice.
 +1B In paragraph 1.0, the ‘relevant protected characteristics’ are: age, disability, gender
 +reassignment,​ pregnancy and maternity, race, religion/​belief,​ sex and sexual orientation.
 +2 Recording and sealing master recordings
 +2.1 Not used.
 +2.2 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. (See
 +Note 2A.)
 +[This paragraph does not apply to interviews recorded using a secure digital network, see
 +paragraphs 7.4 to 7.6.]
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +6
 +2.3 Nothing in this Code requires the identity of officers or police staff conducting interviews to
 +be recorded or disclosed:
 +(a) Not used.
 +(b) if the interviewer reasonably believes recording or disclosing their name might put them
 +in danger.
 +In these cases interviewers 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 2C.)
 +Notes for guidance
 +2A 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.
 +2B Not used.
 +2C The purpose of paragraph 2.3(b) 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 inspector rank or above should be consulted.
 +3 Interviews to be audio recorded
 +3.1 Subject to paragraph 3.4, audio recording shall be used for any interview:
 +(a) with a person cautioned under Code C, section 10 in respect of any indictable offence,
 +which includes any offence triable either way, except when :
 +(i) that person has been arrested and the interview takes place elsewhere than at a
 +police station in accordance with Code C paragraph 11.1 for which a written record
 +would be required;
 +(ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the
 +interview is given by:
 +• the custody officer in the case of a detained suspect, or
 +• an officer of the rank of sergeant or above in the case of a suspect who has not
 +been arrested and to whom paragraphs 3.21 and 3.22 of Code C (Persons
 +attending a police station or elsewhere voluntarily) apply; or
 +(iii) the conditions in Part 1 of the Annex to this Code are satisfied, in which case the
 +interview must be conducted and recorded in writing, in accordance with section 11
 +of Code C.
 +(See Note 3A.)
 +(b) which takes place as a result of an interviewer exceptionally putting further questions to
 +a suspect about an indictable offence after they have been charged with, or told they
 +may be prosecuted for, that offence, see Code C, paragraph 16.5 and Note 3E.
 +(c) when an interviewer wants to tell a person, after they have been charged with, or
 +informed they may be prosecuted for, an indictable offence, about any written
 +statement or interview with another person, see Code C, paragraph 16.4 and Note 3F.
 +See Note 3D
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +6
 +2.3 Nothing in this Code requires the identity of officers or police staff conducting interviews to
 +be recorded or disclosed:
 +(a) Not used.
 +(b) if the interviewer reasonably believes recording or disclosing their name might put them
 +in danger.
 +In these cases interviewers 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 2C.)
 +Notes for guidance
 +2A 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.
 +2B Not used.
 +2C The purpose of paragraph 2.3(b) 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 inspector rank or above should be consulted.
 +3 Interviews to be audio recorded
 +3.1 Subject to paragraph 3.4, audio recording shall be used for any interview:
 +(a) with a person cautioned under Code C, section 10 in respect of any indictable offence,
 +which includes any offence triable either way, except when :
 +(i) that person has been arrested and the interview takes place elsewhere than at a
 +police station in accordance with Code C paragraph 11.1 for which a written record
 +would be required;
 +(ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the
 +interview is given by:
 +• the custody officer in the case of a detained suspect, or
 +• an officer of the rank of sergeant or above in the case of a suspect who has not
 +been arrested and to whom paragraphs 3.21 and 3.22 of Code C (Persons
 +attending a police station or elsewhere voluntarily) apply; or
 +(iii) the conditions in Part 1 of the Annex to this Code are satisfied, in which case the
 +interview must be conducted and recorded in writing, in accordance with section 11
 +of Code C.
 +(See Note 3A.)
 +(b) which takes place as a result of an interviewer exceptionally putting further questions to
 +a suspect about an indictable offence after they have been charged with, or told they
 +may be prosecuted for, that offence, see Code C, paragraph 16.5 and Note 3E.
 +(c) when an interviewer wants to tell a person, after they have been charged with, or
 +informed they may be prosecuted for, an indictable offence, about any written
 +statement or interview with another person, see Code C, paragraph 16.4 and Note 3F.
 +See Note 3D
 +Codes of Practice – Code E Audio recording interviews with suspects
 +7
 +3.2 The Terrorism Act 2000 and the Counter-Terrorism Act 2008 make separate provisions for
 +a Code of Practice for the video recording with sound of:
 +• interviews of persons detained under section 41 of, or Schedule 7 to, the 2000 Act, and
 +• post-charge questioning of persons authorised under section 22 or 23 of the 2008 Act.
 +The provisions of this Code do not apply to such interviews or questioning. (See Note 3C.)
 +3.3 Not used
 +3.3A The conditions referred to in paragraph 3.1(a)(ii) are:
 +(a) it is not reasonably practicable to audio record, or as the case may be, continue to
 +audio record, the interview because of equipment failure or the unavailability of a
 +suitable interview room or recording equipment; and
 +(b) the authorising officer considers, on reasonable grounds, that the interview or
 +continuation of the interview should not be delayed until the failure has been rectified or
 +until a suitable room or recording equipment becomes available.
 +In these cases:
 +• the interview must be recorded or continue to be recorded in writing in accordance with
 +Code C, section 11; and
 +• the authorising officer shall record the specific reasons for not audio recording and the
 +interviewer is responsible for ensuring that the written interview record shows the date
 +and time of the authority, the authorising officer and where the authority is recorded.
 +(See Note 3B.)
 +3.4 If a detainee refuses to go into or remain in a suitable interview room, see Code C
 +paragraph 12.5, and the custody officer considers, on reasonable grounds, that the
 +interview should not be delayed the interview may, at the custody officer’s discretion, be
 +conducted in a cell using portable recording equipment or, if none is available, recorded in
 +writing as in Code C, section 11. The reasons for this shall be recorded in accordance with
 +Code C paragraph 12.11.
 +3.5 The whole of each interview shall be audio recorded, including the taking and reading back
 +of any statement.
 +3.6 A sign or indicator which is visible to the suspect must show when the recording equipment
 +is recording.
 +Notes for guidance
 +3A Nothing in this Code is intended to preclude audio recording at police discretion of
 +interviews at police stations or elsewhere with people cautioned in respect of offences not
 +covered by paragraph 3.1, or responses made by persons after they have been charged
 +with, or told they may be prosecuted for, an offence, provided this Code is complied with.
 +3B A decision made in accordance with paragraphs 3.1(a)(ii) and 3.3A not to audio record an
 +interview for any reason may be the subject of comment in court. The authorising officer
 +should be prepared to justify that decision.
 +3C If, during the course of an interview under this Code, it becomes apparent that the interview
 +should be conducted under the terrorism code for the video recording with sound of
 +interviews the interview should only continue in accordance with that code.
 +3D 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.
 +3E Code C sets out the circumstances in which a suspect may be questioned about an offence
 +after being charged with it.
 +3F Code C sets out the procedures to be followed when a person’s attention is drawn after
 +charge, to a statement made by another person. One method of bringing the content of an
 +interview with another person to the notice of a suspect may be to play them a recording of
 +that interview.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +8
 +4 The interview
 +(a) General
 +4.1 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.
 +4.2 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.
 +(b) Commencement of interviews
 +4.3 When the suspect is brought into the interview room the interviewer shall, without delay but
 +in the suspect’s sight, load the recorder with new recording media and set it to record. The
 +recording media must be unwrapped or opened in the suspect’s presence.
 +[This paragraph does not apply to interviews recorded using a secure digital network, see
 +paragraphs 7.4 and 7.5.]
 +4.4 The interviewer should tell the suspect about the recording process and point out the sign
 +or indicator which shows that the recording equipment is activated and recording. (See
 +paragraph 3.6.) The interviewer shall:
 +(a) explain that the interview is being audibly recorded;
 +(b) subject to paragraph 2.3, 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;
 +(d) state the date, time of commencement and place of the interview; and
 +(e) state the suspect will be given a notice about what will happen to the recording. [This
 +sub-paragraph does not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.6 to 7.7.]
 +See Note 4A
 +4.4A 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.
 +4.5 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.
 +4.6 The interviewer shall put to the suspect any significant statement or silence, see Code C,
 +paragraph 11.4.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +8
 +4 The interview
 +(a) General
 +4.1 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.
 +4.2 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.
 +(b) Commencement of interviews
 +4.3 When the suspect is brought into the interview room the interviewer shall, without delay but
 +in the suspect’s sight, load the recorder with new recording media and set it to record. The
 +recording media must be unwrapped or opened in the suspect’s presence.
 +[This paragraph does not apply to interviews recorded using a secure digital network, see
 +paragraphs 7.4 and 7.5.]
 +4.4 The interviewer should tell the suspect about the recording process and point out the sign
 +or indicator which shows that the recording equipment is activated and recording. (See
 +paragraph 3.6.) The interviewer shall:
 +(a) explain that the interview is being audibly recorded;
 +(b) subject to paragraph 2.3, 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;
 +(d) state the date, time of commencement and place of the interview; and
 +(e) state the suspect will be given a notice about what will happen to the recording. [This
 +sub-paragraph does not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.6 to 7.7.]
 +See Note 4A
 +4.4A 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.
 +4.5 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.
 +4.6 The interviewer shall put to the suspect any significant statement or silence, see Code C,
 +paragraph 11.4.
 +Codes of Practice – Code E Audio recording interviews with suspects
 +9
 +(c) Interviews with suspects who appear to have a hearing impediment
 +4.7 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 4B and 4C.)
 +(d) Objections and complaints by the suspect
 +4.8 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 interviewer shall say they are turning off the recorder, give their reasons and turn it off.
 +The interviewer shall then make a written record of the interview as in Code C, section 11.
 +If, however, the interviewer reasonably considers they may proceed to question the suspect
 +with the audio recording still on, the interviewer may do so. This procedure also applies in
 +cases where the suspect has previously objected to the interview being visually recorded,
 +see Code F paragraph 4.8, and the investigating officer has decided to audibly record the
 +interview. (See Note 4D.)
 +4.9 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 4E and 4F.)
 +4.10 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 matter after the conclusion of the formal interview.
 +(e) Changing recording media
 +4.11 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.
 +[This paragraph does not apply to interviews recorded using a secure digital network as this
 +does not use removable media, see paragraphs 1.6(c), 7.4 and 7.14 to 7.15.]
 +(f) Taking a break during interview
 +4.12 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.
 +4.12A 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 4.18.
 +4.13 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.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +10
 +4.14 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 4G.)
 +[Paragraphs 4.12 to 4.14 do not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.8 to 7.10.]
 +(g) Failure of recording equipment
 +4.15 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
 +4.11. When the recording is resumed the interviewer shall explain what happened and
 +record the time the interview recommences. If, however, it will not be possible to continue
 +recording on that recorder and no replacement recorder is readily available, the interview
 +may continue without being audibly recorded. If this happens, the interviewer shall seek the
 +authority as in paragraph 3.1(a)(ii) of the custody officer, or as applicable, a sergeant or
 +above. (See Note 4H.)
 +[This paragraph does not apply to interviews recorded using a secure digital network, see
 +paragraphs 7.4 and 7.11.]
 +(h) Removing recording media from the recorder
 +4.16 Recording media which is removed from the recorder during the interview shall be retained
 +and the procedures in paragraph 4.18 followed.
 +[This paragraph does not apply to interviews recorded using a secure digital network as this
 +does not use removable media, see 1.6(c), 7.4 and 7.14 to 7.15.]
 +(i) Conclusion of interview
 +4.17 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.
 +4.18 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 2.3, to sign it.
 +4.19 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.
 +[Paragraphs 4.17 to 4.19 do not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.12 to 7.13.]
 +Notes for guidance
 +4A For the purpose of voice identification the interviewer should ask the suspect and any other
 +people present to identify themselves.
 +4B 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.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +10
 +4.14 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 4G.)
 +[Paragraphs 4.12 to 4.14 do not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.8 to 7.10.]
 +(g) Failure of recording equipment
 +4.15 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
 +4.11. When the recording is resumed the interviewer shall explain what happened and
 +record the time the interview recommences. If, however, it will not be possible to continue
 +recording on that recorder and no replacement recorder is readily available, the interview
 +may continue without being audibly recorded. If this happens, the interviewer shall seek the
 +authority as in paragraph 3.1(a)(ii) of the custody officer, or as applicable, a sergeant or
 +above. (See Note 4H.)
 +[This paragraph does not apply to interviews recorded using a secure digital network, see
 +paragraphs 7.4 and 7.11.]
 +(h) Removing recording media from the recorder
 +4.16 Recording media which is removed from the recorder during the interview shall be retained
 +and the procedures in paragraph 4.18 followed.
 +[This paragraph does not apply to interviews recorded using a secure digital network as this
 +does not use removable media, see 1.6(c), 7.4 and 7.14 to 7.15.]
 +(i) Conclusion of interview
 +4.17 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.
 +4.18 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 2.3, to sign it.
 +4.19 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.
 +[Paragraphs 4.17 to 4.19 do not apply to interviews recorded using a secure digital network,
 +see paragraphs 7.4 and 7.12 to 7.13.]
 +Notes for guidance
 +4A For the purpose of voice identification the interviewer should ask the suspect and any other
 +people present to identify themselves.
 +4B 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.
 +Codes of Practice – Code E Audio recording interviews with suspects
 +11
 +4C 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.
 +4D The interviewer should remember that a decision to continue recording against the wishes
 +of the suspect may be the subject of comment in court.
 +4E 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.
 +4F 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.
 +4G 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.
 +4H 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 or no replacement is immediately
 +available, the interview should be recorded in accordance with Code C, section 11.
 +5 After the interview
 +5.1 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.
 +5.2 If no proceedings follow in respect of the person whose interview was recorded, the
 +recording media must be kept securely as in paragraph 6.1 and Note 6A.
 +[This section (paragraphs 5.1, 5.2 and Note 5A) does not apply to interviews recorded using
 +a secure digital network, see paragraphs 7.4 and 7.14 to 7.15.]
 +Note for guidance
 +5A 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.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +12
 +6 Master Recording security
 +(a) General
 +6.1 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 6A.)
 +(b) Breaking master recording seal for criminal proceedings
 +6.2 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 6B and 6C.)
 +(c) Breaking master recording seal: other cases
 +6.3 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 6D.)
 +6.3A Subject to paragraph 6.3C, 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 resealed.
  
 +6.3B 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 6.3C 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 for a film or
 +photographs to be taken of the procedure.
 +6.3C Paragraph 6.3A 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 any such an investigation or criminal
 +proceedings which may be brought as a result or endanger any person. (See Note
 +6E.)
 +(d) Documentation
 +6.4 When the master recording seal is broken, a record must be made of the procedure
 +followed, including the date, time, place and persons present.
 +[This section (paragraphs 6.1 to 6.4 and Notes 6A to 6E) does not apply to interviews
 +recorded using a secure digital network, see paragraphs 7.4 and 7.14 to 7.15.]
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +12
 +6 Master Recording security
 +(a) General
 +6.1 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 6A.)
 +(b) Breaking master recording seal for criminal proceedings
 +6.2 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 6B and 6C.)
 +(c) Breaking master recording seal: other cases
 +6.3 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 6D.)
 +6.3A Subject to paragraph 6.3C, 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 resealed.
 +
 +6.3B 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 6.3C 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 for a film or
 +photographs to be taken of the procedure.
 +6.3C Paragraph 6.3A 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 any such an investigation or criminal
 +proceedings which may be brought as a result or endanger any person. (See Note
 +6E.)
 +(d) Documentation
 +6.4 When the master recording seal is broken, a record must be made of the procedure
 +followed, including the date, time, place and persons present.
 +[This section (paragraphs 6.1 to 6.4 and Notes 6A to 6E) does not apply to interviews
 +recorded using a secure digital network, see paragraphs 7.4 and 7.14 to 7.15.]
 +Codes of Practice – Code E Audio recording interviews with suspects
 +13
 +Notes for guidance
 +6A This section is concerned with the security of the master recording sealed at the conclusion
 +of the interview. Care must be taken of working recordings because their loss or
 +destruction may lead unnecessarily to the need to access master recordings.
 +6B 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.
 +6C 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.
 +6D 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.
 +6E Paragraph 6.3C 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.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +14
 +7 Recording of Interviews by Secure Digital Network
 +7.1 A secure digital network does not use removable media and this section specifies the
 +provisions which will apply when a secure digital network is used.
 +7.2 Not used.
 +7.3 The following requirements are solely applicable to the use of a secure digital network for
 +the recording of interviews.
 +(a) Application of sections 1 to 6 of Code E
 +7.4 Sections 1 to 6 of Code E above apply except for the following paragraphs:
 +• Paragraph 2.2 under “Recording and sealing of master recordings”
 +• Paragraph 4.3 under “(b) Commencement of interviews”
 +• Paragraph 4.4(e) under “(b) Commencement of interviews”
 +• Paragraphs 4.11 to 4.19 under “(e) Changing recording media”, “(f) Taking a break
 +during interview”,​ “(g) Failure of recording equipment”,​ “(h) Removing recording media
 +from the recorder” and “(i) Conclusion of interview”
 +• Paragraphs 6.1 to 6.4 and Notes 6A to 6E under “Media security”
 +(b) Commencement of Interviews
 +7.5 When the suspect is brought into the interview room, the interviewer shall without delay and
 +in the sight of the suspect, switch on the recording equipment and enter the information
 +necessary to log on to the secure network and start recording.
 +7.6 The interviewer must then inform the suspect that the interview is being recorded using a
 +secure digital network and that recording has commenced.
 +7.7 In addition to the requirements of paragraph 4.4(a) to (d) above, the interviewer must 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.
 +(c) Taking a break during interview
 +7.8 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 7.12 and 7.13 for the conclusion of an interview followed.
 +7.9 When the interview recommences the procedures in paragraphs 7.5 to 7.7 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.
 +7.10 After any break in the interview the interviewer must, before resuming the interview, remind
 +the person being questioned that they remain under caution or, if there is any doubt, give
 +the caution in full again. (See Note 4G.)
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +14
 +7 Recording of Interviews by Secure Digital Network
 +7.1 A secure digital network does not use removable media and this section specifies the
 +provisions which will apply when a secure digital network is used.
 +7.2 Not used.
 +7.3 The following requirements are solely applicable to the use of a secure digital network for
 +the recording of interviews.
 +(a) Application of sections 1 to 6 of Code E
 +7.4 Sections 1 to 6 of Code E above apply except for the following paragraphs:
 +• Paragraph 2.2 under “Recording and sealing of master recordings”
 +• Paragraph 4.3 under “(b) Commencement of interviews”
 +• Paragraph 4.4(e) under “(b) Commencement of interviews”
 +• Paragraphs 4.11 to 4.19 under “(e) Changing recording media”, “(f) Taking a break
 +during interview”,​ “(g) Failure of recording equipment”,​ “(h) Removing recording media
 +from the recorder” and “(i) Conclusion of interview”
 +• Paragraphs 6.1 to 6.4 and Notes 6A to 6E under “Media security”
 +(b) Commencement of Interviews
 +7.5 When the suspect is brought into the interview room, the interviewer shall without delay and
 +in the sight of the suspect, switch on the recording equipment and enter the information
 +necessary to log on to the secure network and start recording.
 +7.6 The interviewer must then inform the suspect that the interview is being recorded using a
 +secure digital network and that recording has commenced.
 +7.7 In addition to the requirements of paragraph 4.4(a) to (d) above, the interviewer must 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.
 +(c) Taking a break during interview
 +7.8 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 7.12 and 7.13 for the conclusion of an interview followed.
 +7.9 When the interview recommences the procedures in paragraphs 7.5 to 7.7 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.
 +7.10 After any break in the interview the interviewer must, before resuming the interview, remind
 +the person being questioned that they remain under caution or, if there is any doubt, give
 +the caution in full again. (See Note 4G.)
 +Codes of Practice – Code E Audio recording interviews with suspects
 +15
 +(d) Failure of recording equipment
 +7.11 If there is an equipment failure which can be rectified quickly, e.g. by commencing a new
 +secure digital network recording, the interviewer shall follow the appropriate procedures as
 +in paragraphs 7.8 to 7.10. When the recording is resumed the interviewer shall explain
 +what happened and record the time the interview recommences. If, however, it is not
 +possible to continue recording on the secure digital network the interview should be
 +recorded on removable media as in paragraph 4.3 unless the necessary equipment is not
 +available. If this happens the interview may continue without being audibly recorded and
 +the interviewer shall seek the authority of the custody officer authority or a sergeant as in
 +paragraph 3.3(a) or (b). (See Note 4H.)
 +(e) Conclusion of interview
 +7.12 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.
 +7.13 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 7A) 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 notify the suspect that the
 +recording is being saved to the secure network. The interviewer must save the
 +recording in the presence of the suspect. The suspect should then be informed that
 +the interview is terminated.
 +(f) After the interview
 +7.14 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 of the original recording.
 +7.15 If no proceedings follow in respect of the person whose interview was recorded, the
 +recordings must be kept securely as in paragraphs 7.16 and 7.17.
 +(See Note 5A.)
 +(g) Security of secure digital network interview records
 +7.16 Interview record files are stored in read only format on non-removable storage devices, for
 +example, hard disk drives, to ensure their integrity. The recordings are first saved locally to
 +a secure non-removable device before being transferred to the remote network device. If
 +for any reason the network connection fails, the recording remains on the local device and
 +will be transferred when the network connections are restored.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +16
 +7.17 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.
 +Note for Guidance
 +7A The notice at paragraph 7.13 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, his or her legal representative,​ the police and the
 +prosecutor to the recording of the interview. Space should be provided on the form to insert
 +the date and the file reference number for the interview.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +16
 +7.17 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.
 +Note for Guidance
 +7A The notice at paragraph 7.13 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, his or her legal representative,​ the police and the
 +prosecutor to the recording of the interview. Space should be provided on the form to insert
 +the date and the file reference number for the interview.
 +Codes of Practice – Code E Audio recording interviews with suspects
 +17
 +ANNEX: PARAGRAPH 3.1(a)(iii) - EXEMPTION FROM THE REQUIREMENT TO AUDIO
 +RECORD INTERVIEWS FOR INDICTABLE OFFENCES - CONDITIONS.
 +[See Notes A1, A2 and A3]
 +Part 1: Four specified indictable offence types – four conditions
 +1. The first condition is that the person has not been arrested.
 +2. The second condition is that the interview takes place elsewhere than at a police station
 +(see Note A4).
 +3. The third condition is that the indictable offence in respect of which the person has been
 +cautioned is one of the following:
 +(a) Possession of a controlled drug contrary to section 5(2) of the Misuse of Drugs Act
 +1971 if the drug is cannabis as defined by that Act but it is not cannabis oil (see Note
 +A5);
 +(b) Possession of a controlled drug contrary to section 5(2) of the Misuse of Drugs Act
 +1971 if the drug is khat as defined by that Act (see Note A5);
 +(c) Retail theft (shoplifting) contrary to section 1 of the Theft Act 1968 (see Note A6); and
 +(d) Criminal damage to property contrary to section 1(1) of the Criminal Damage Act 1971
 +(see Note A6),
 +and in this paragraph, the reference to each of the above offences applies to an attempt to
 +commit that offence as defined by section 1 of the Criminal Attempts Act 1981.
 +4. The fourth condition is that:
 +(a) where the person has been cautioned in respect of an offence described in paragraph
 +3(a) (Possession of cannabis) or paragraph 3(b) (Possession of khat), the
 +requirements of paragraphs 5 and 6 are satisfied; or
 +(b) where the person has been cautioned in respect of an offence described in paragraph
 +3(c) (Retail theft), the requirements of paragraphs 5 and 7 are satisfied; or
 +(c) where the person has been cautioned in respect of an offence described in paragraph
 +3(d) (criminal damage), the requirements of paragraphs 5 and 8 are satisfied.
 +5. The requirements of this paragraph that apply to all four offences described in paragraph 3
 +are that:
 +(i) the person suspected of committing the offence:
 +• appears to be aged 18 or over;
 +• does not require an appropriate adult (see paragraph 1.5 of this Code);
 +• appears to be able to appreciate the significance of questions and their answers;
 +• does not appear to be unable to understand what is happening because of the
 +effects of drink, drugs or illness, ailment or condition; and
 +• does not require an interpreter in accordance with Code C section 13.
 +(ii) it appears that the commission of the offence:
 +• has not resulted in any injury to any person;
 +• has not involved any realistic threat or risk of injury to any person; and
 +• has not caused any substantial financial or material loss to the private property of
 +any individual.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +18
 +(iii) in accordance with Code G (Arrest), the person’s arrest is not necessary in order to
 +investigate the offence; and
 +(iv) the person is not being interviewed about any other offence.
 +See Notes A3 and A8.
 +6. The requirements of this paragraph that apply to the offences described in paragraph 3(a)
 +(possession of cannabis) and paragraph 3(b) (possession of khat) are that a police officer
 +who is experienced in the recognition of the physical appearance, texture and smell of
 +cannabis or (as the case may be) khat, is able to say that the substance which has been
 +found in the suspect’s possession by that officer or, as the case may be, by any other
 +officer not so experienced and trained:
 +(i) is a controlled drug being either cannabis which is not cannabis oil or khat; and
 +(ii) the quantity of the substance found is consistent with personal use by the suspect and
 +does not provide any grounds to suspect an intention to supply others.
 +See Note A5.
 +7. The requirements of this paragraph that apply to the offence described in paragraph 3(c)
 +(retail theft), are that it appears to the officer:
 +(i) that the value of the property stolen does not exceed £100 inclusive of VAT;
 +(ii) that the stolen property has been recovered and remains fit for sale unless the items
 +stolen comprised drink or food and have been consumed; and
 +(iii) that the person suspected of stealing the property is not employed (whether paid or
 +not) by the person, company or organisation to which the property belongs.
 +See Note A3.
 +8. The requirements of this paragraph that apply to the offence described in paragraph 3(d)
 +(Criminal damage), are that it appears to the officer:
 +(i) that the value of the criminal damage does not exceed £300; and
 +(ii) that the person suspected of damaging the property is not employed (whether paid or
 +not) by the person, company or organisation to which the property belongs.
 +See Note A3
 +Part 2: Other provisions applicable to all interviews to which this Annex applies
 +9. Subject to paragraph 10, the provisions of paragraphs 3.21 and 3.22 of Code C (Persons
 +attending a police station or elsewhere voluntarily) regarding the suspect’s right to free legal
 +advice and the other rights and entitlements that apply to all voluntary interviews,
 +irrespective of where they take place, will apply to any interview to which this Annex
 +applies. See Note A7.
 +10. If it appears to the interviewing officer that before the conclusion of an interview, any of the
 +requirements in paragraphs 5 to 8 of Part 1 that apply to the offence in question described
 +in paragraph 3 of Part 1 have ceased to apply; this Annex shall cease to apply. The person
 +being interviewed must be so informed and a break in the interview must be taken. The
 +reason must be recorded in the interview record and the continuation of the interview shall
 +be audio recorded in accordance with sections 1 to 7 of this Code. For the purpose of the
 +continuation,​ the provisions of paragraphs 4.3 and 7.5 (Commencement of interviews) shall
 +apply. See Note A8.
 +Notes for Guidance
 +A1 This Annex sets out conditions and requirements of the limited exemption referred to in
 +paragraph 3.1(a)(iii),​ from the requirement to make an audio recording of an interview about
 +an indictable offence, including offences triable either way.
 +E
 +Codes of Practice – Code E Audio recording interviews with suspects
 +18
 +(iii) in accordance with Code G (Arrest), the person’s arrest is not necessary in order to
 +investigate the offence; and
 +(iv) the person is not being interviewed about any other offence.
 +See Notes A3 and A8.
 +6. The requirements of this paragraph that apply to the offences described in paragraph 3(a)
 +(possession of cannabis) and paragraph 3(b) (possession of khat) are that a police officer
 +who is experienced in the recognition of the physical appearance, texture and smell of
 +cannabis or (as the case may be) khat, is able to say that the substance which has been
 +found in the suspect’s possession by that officer or, as the case may be, by any other
 +officer not so experienced and trained:
 +(i) is a controlled drug being either cannabis which is not cannabis oil or khat; and
 +(ii) the quantity of the substance found is consistent with personal use by the suspect and
 +does not provide any grounds to suspect an intention to supply others.
 +See Note A5.
 +7. The requirements of this paragraph that apply to the offence described in paragraph 3(c)
 +(retail theft), are that it appears to the officer:
 +(i) that the value of the property stolen does not exceed £100 inclusive of VAT;
 +(ii) that the stolen property has been recovered and remains fit for sale unless the items
 +stolen comprised drink or food and have been consumed; and
 +(iii) that the person suspected of stealing the property is not employed (whether paid or
 +not) by the person, company or organisation to which the property belongs.
 +See Note A3.
 +8. The requirements of this paragraph that apply to the offence described in paragraph 3(d)
 +(Criminal damage), are that it appears to the officer:
 +(i) that the value of the criminal damage does not exceed £300; and
 +(ii) that the person suspected of damaging the property is not employed (whether paid or
 +not) by the person, company or organisation to which the property belongs.
 +See Note A3
 +Part 2: Other provisions applicable to all interviews to which this Annex applies
 +9. Subject to paragraph 10, the provisions of paragraphs 3.21 and 3.22 of Code C (Persons
 +attending a police station or elsewhere voluntarily) regarding the suspect’s right to free legal
 +advice and the other rights and entitlements that apply to all voluntary interviews,
 +irrespective of where they take place, will apply to any interview to which this Annex
 +applies. See Note A7.
 +10. If it appears to the interviewing officer that before the conclusion of an interview, any of the
 +requirements in paragraphs 5 to 8 of Part 1 that apply to the offence in question described
 +in paragraph 3 of Part 1 have ceased to apply; this Annex shall cease to apply. The person
 +being interviewed must be so informed and a break in the interview must be taken. The
 +reason must be recorded in the interview record and the continuation of the interview shall
 +be audio recorded in accordance with sections 1 to 7 of this Code. For the purpose of the
 +continuation,​ the provisions of paragraphs 4.3 and 7.5 (Commencement of interviews) shall
 +apply. See Note A8.
 +Notes for Guidance
 +A1 This Annex sets out conditions and requirements of the limited exemption referred to in
 +paragraph 3.1(a)(iii),​ from the requirement to make an audio recording of an interview about
 +an indictable offence, including offences triable either way.
 +Codes of Practice – Code E Audio recording interviews with suspects
 +19
 +A2 The purpose of the exemption is to support the policy which gives police in England and
 +Wales, options for dealing with low-level offences quickly and non-bureaucratically in a
 +proportionate manner. Guidance for police about these options is available at:
 +https://​www.app.college.police.uk/​app-content/​prosecution-and-case-management/​justiceoutcomes/​.
 +
 +A3 A decision in relation to a particular offence that the conditions and requirements in this
 +Annex for an audio-recording exemption are satisfied is an operational matter for the
 +interviewing officer according to all the particular circumstances of the case. These
 +circumstances include the outcome of the officer’s investigation at that time and any other
 +matters that are relevant to the officer’s consideration as to how to deal with the matter.
 +A4 An interviewer who is not sure, or has any doubt, about the suitability of a place or location
 +for carrying out an interview elsewhere than at a police station, should consult an officer of
 +the rank of sergeant or above for advice. (Repeated from Note 1A).
 +A5 Under the Misuse of Drugs Act 1971 as at the date this Code comes into force:
 +(a) cannabis includes any part of the cannabis plant but not mature stalks and seeds
 +separated from the plant, cannabis resin and cannabis oil, but paragraph 3(a) does
 +not apply to the possession of cannabis oil; and
 +(b) khat includes the leaves, stems and shoots of the plant.
 +A6 The power to issue a Penalty Notice for Disorder (PND) for an offence contrary to section 1
 +of the Theft Act 1968 applies when the value of the goods stolen does not exceed £100
 +inclusive of VAT. The power to issue a PND for an offence contrary to section 1(1) of the
 +Criminal Damage Act 1971 applies when the value of the damage does not exceed £300.
 +A7 The interviewing officer is responsible for ensuring compliance with the provisions of Code
 +C applicable to the conduct and recording of voluntary interviews to which this Annex
 +applies. These include the right to free legal advice and the provision of a notice explaining
 +the arrangements (see Code C paragraph 3.21 and section 6), the provision of information
 +about the offence before the interview (see Code C paragraph 11.1A) and the right to
 +interpretation and translation (see Code C section 13).
 +A8 The requirements in paragraph 5 of Part 1 will cease to apply if, for example during the
 +course of an interview, as a result of what the suspect says or other information which
 +comes to the interviewing officer’s notice:
 +• it appears that the suspect:
 +~ is aged under 18;
 +~ does require an appropriate adult;
 +~ is unable to appreciate the significance of questions and their answers;
 +~ is unable to understand what is happening because of the effects of drink, drugs or
 +illness, ailment or condition; or
 +~ requires an interpreter;​ or
 +• the police officer decides that the suspect’s arrest is now necessary (see Code G).
 +E
 +The Code contained in this booklet has been issued by the Home Secretary under
 +the Police and Criminal Evidence Act 1984 and has been approved by Parliament.
 +Copies of the Codes issued under the Police and Criminal Evidence Act 1984 must
 +be readily available in all police stations for consultation by police officers, detained
 +people and members of the public.
 +www.tso.co.uk
code_e.txt · Last modified: 2017/06/22 13:48 by frescom