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Police and Criminal Evidence Act 1984 (PACE) | Police and Criminal Evidence Act 1984 (PACE) | ||
- | 67(7B) | + | Revised Code of Practice on Audio Recording Interviews with Suspects |
- | CODE E | + | |
- | + | ||
- | Revised | + | |
- | Code of Practice on | + | |
- | Audio Recording Interviews | + | |
- | with Suspects | + | |
London: TSO | London: TSO | ||
- | Published with the permission of Home Office on behalf of the Controller of Her | + | Published with the permission of Home Office on behalf of the Controller of Her Majesty’s Stationery Office. © Crown Copyright 2016 |
- | Majesty’s Stationery Office. | + | |
- | © Crown Copyright 2016 | + | |
All rights reserved. | All rights reserved. | ||
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POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) | POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) | ||
CODE E | CODE E | ||
- | REVISED | + | REVISED CODE OF PRACTICE ON AUDIO RECORDING INTERVIEWS WITH SUSPECTS |
- | CODE OF PRACTICE ON AUDIO RECORDING INTERVIEWS WITH SUSPECTS | + | |
Commencement - Transitional Arrangements | Commencement - Transitional Arrangements | ||
+ | |||
This Code applies to interviews carried out after 00.00 | This Code applies to interviews carried out after 00.00 | ||
notwithstanding that the interview may have commenced before that time. | notwithstanding that the interview may have commenced before that time. | ||
on 2 February 2016, | on 2 February 2016, | ||
- | E | + | |
- | Codes of Practice – Code E Audio recording interviews with suspects | + | E Codes of Practice – Code E Audio recording interviews with suspects |
- | 2 | + | |
Contents (click page number to view text) | Contents (click page number to view text) | ||
- | 1 General ................................................................................................................. 4 | + | |
+ | 1 General ................................................................................................................. | ||
+ | 4 | ||
Notes for Guidance ............................................................................................... 5 | Notes for Guidance ............................................................................................... 5 | ||
+ | |||
2 Recording and sealing master recordings ....................................................... 5 | 2 Recording and sealing master recordings ....................................................... 5 | ||
Notes for guidance ................................................................................................ 6 | Notes for guidance ................................................................................................ 6 | ||
+ | |||
3 Interviews to be audio recorded ........................................................................ 6 | 3 Interviews to be audio recorded ........................................................................ 6 | ||
Notes for guidance ................................................................................................ 7 | Notes for guidance ................................................................................................ 7 | ||
+ | |||
4 The interview ....................................................................................................... 8 | 4 The interview ....................................................................................................... 8 | ||
(a) General ......................................................................................................... 8 | (a) General ......................................................................................................... 8 | ||
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[This paragraph does not apply to interviews recorded using a secure digital network, see | [This paragraph does not apply to interviews recorded using a secure digital network, see | ||
paragraphs 7.4 to 7.6.] | paragraphs 7.4 to 7.6.] | ||
- | E | + | |
- | Codes of Practice – Code E Audio recording interviews with suspects | + | |
+ | E Codes of Practice – Code E Audio recording interviews with suspects | ||
+ | |||
6 | 6 | ||
+ | |||
+ | |||
2.3 Nothing in this Code requires the identity of officers or police staff conducting interviews to | 2.3 Nothing in this Code requires the identity of officers or police staff conducting interviews to | ||
be recorded or disclosed: | be recorded or disclosed: | ||
+ | |||
(a) Not used. | (a) Not used. | ||
- | (b) if the interviewer reasonably believes recording or disclosing their name might put them | + | |
- | in danger. | + | (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 | + | 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.) |
- | 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 | Notes for guidance | ||
+ | |||
2A The purpose of sealing the master recording before it leaves the suspect’s presence is to | 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 | establish their confidence that the integrity of the recording is preserved. If a single | ||
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suspect’s presence and without the master recording leaving their sight. The working copy | suspect’s presence and without the master recording leaving their sight. The working copy | ||
shall be used for making further copies if needed. | shall be used for making further copies if needed. | ||
+ | |||
2B Not used. | 2B Not used. | ||
+ | |||
2C The purpose of paragraph 2.3(b) is to protect those involved in serious organised crime | 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 | 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 | 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. | cases of doubt, an officer of inspector rank or above should be consulted. | ||
+ | |||
3 Interviews to be audio recorded | 3 Interviews to be audio recorded | ||
+ | |||
3.1 Subject to paragraph 3.4, audio recording shall be used for any interview: | 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, | (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 : | which includes any offence triable either way, except when : | ||
+ | |||
(i) that person has been arrested and the interview takes place elsewhere than at a | (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 | police station in accordance with Code C paragraph 11.1 for which a written record | ||
would be required; | would be required; | ||
+ | |||
(ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the | (ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the | ||
interview is given by: | interview is given by: | ||
+ | |||
• the custody officer in the case of a detained suspect, or | • 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 | • 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 | been arrested and to whom paragraphs 3.21 and 3.22 of Code C (Persons | ||
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interview must be conducted and recorded in writing, in accordance with section 11 | interview must be conducted and recorded in writing, in accordance with section 11 | ||
of Code C. | of Code C. | ||
+ | |||
(See Note 3A.) | (See Note 3A.) | ||
+ | |||
(b) which takes place as a result of an interviewer exceptionally putting further questions to | (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 | 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. | 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 | (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 | informed they may be prosecuted for, an indictable offence, about any written | ||
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that those arrested or their associates may threaten or cause harm to those involved. In | 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. | cases of doubt, an officer of inspector rank or above should be consulted. | ||
+ | |||
3 Interviews to be audio recorded | 3 Interviews to be audio recorded | ||
+ | |||
3.1 Subject to paragraph 3.4, audio recording shall be used for any interview: | 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, | (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 : | which includes any offence triable either way, except when : | ||
+ | |||
(i) that person has been arrested and the interview takes place elsewhere than at a | (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 | police station in accordance with Code C paragraph 11.1 for which a written record | ||
would be required; | would be required; | ||
+ | |||
(ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the | (ii) the conditions in paragraph 3.3A are satisfied and authority not to audio record the | ||
interview is given by: | interview is given by: | ||
+ | |||
• the custody officer in the case of a detained suspect, or | • 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 | • 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 | been arrested and to whom paragraphs 3.21 and 3.22 of Code C (Persons | ||
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of Code C. | of Code C. | ||
(See Note 3A.) | (See Note 3A.) | ||
+ | |||
(b) which takes place as a result of an interviewer exceptionally putting further questions to | (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 | 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. | 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 | (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 | 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. | statement or interview with another person, see Code C, paragraph 16.4 and Note 3F. | ||
See Note 3D | See Note 3D | ||
+ | |||
Codes of Practice – Code E Audio recording interviews with suspects | Codes of Practice – Code E Audio recording interviews with suspects | ||
7 | 7 | ||
+ | |||
3.2 The Terrorism Act 2000 and the Counter-Terrorism Act 2008 make separate provisions for | 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: | a Code of Practice for the video recording with sound of: | ||
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• post-charge questioning of persons authorised under section 22 or 23 of the 2008 Act. | • 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.) | The provisions of this Code do not apply to such interviews or questioning. (See Note 3C.) | ||
+ | |||
3.3 Not used | 3.3 Not used | ||
+ | |||
3.3A The conditions referred to in paragraph 3.1(a)(ii) are: | 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 | (a) it is not reasonably practicable to audio record, or as the case may be, continue to | ||
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see paragraphs 7.4 and 7.6 to 7.7.] | see paragraphs 7.4 and 7.6 to 7.7.] | ||
See Note 4A | See Note 4A | ||
+ | |||
4.4A Any person entering the interview room after the interview has commenced shall be invited | 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 | by the interviewer to identify themselves for the purpose of the audio recording and state | ||
the reason why they have entered the interview room. | the reason why they have entered the interview room. | ||
+ | |||
4.5 The interviewer shall: | 4.5 The interviewer shall: | ||
• caution the suspect, see Code C section 10; and | • caution the suspect, see Code C section 10; and | ||
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• if they are not detained under arrest, explain this and their entitlement to free legal | • if they are not detained under arrest, explain this and their entitlement to free legal | ||
advice, see Code C, paragraph 3.21. | advice, see Code C, paragraph 3.21. | ||
+ | |||
4.6 The interviewer shall put to the suspect any significant statement or silence, see Code C, | 4.6 The interviewer shall put to the suspect any significant statement or silence, see Code C, | ||
paragraph 11.4. | paragraph 11.4. | ||
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Codes of Practice – Code E Audio recording interviews with suspects | Codes of Practice – Code E Audio recording interviews with suspects | ||
8 | 8 | ||
+ | |||
4 The interview | 4 The interview | ||
(a) General | (a) General | ||
+ | |||
4.1 The provisions of Code C: | 4.1 The provisions of Code C: | ||
• sections 10 and 11, and the applicable Notes for Guidance apply to the conduct of | • sections 10 and 11, and the applicable Notes for Guidance apply to the conduct of | ||
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(iv) the person is not being interviewed about any other offence. | (iv) the person is not being interviewed about any other offence. | ||
See Notes A3 and A8. | See Notes A3 and A8. | ||
+ | |||
6. The requirements of this paragraph that apply to the offences described in paragraph 3(a) | 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 | (possession of cannabis) and paragraph 3(b) (possession of khat) are that a police officer | ||
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does not provide any grounds to suspect an intention to supply others. | does not provide any grounds to suspect an intention to supply others. | ||
See Note A5. | See Note A5. | ||
+ | |||
7. The requirements of this paragraph that apply to the offence described in paragraph 3(c) | 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: | (retail theft), are that it appears to the officer: | ||
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not) by the person, company or organisation to which the property belongs. | not) by the person, company or organisation to which the property belongs. | ||
See Note A3. | See Note A3. | ||
+ | |||
8. The requirements of this paragraph that apply to the offence described in paragraph 3(d) | 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: | (Criminal damage), are that it appears to the officer: | ||
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not) by the person, company or organisation to which the property belongs. | not) by the person, company or organisation to which the property belongs. | ||
See Note A3 | See Note A3 | ||
+ | |||
Part 2: Other provisions applicable to all interviews to which this Annex applies | 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 | 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 | attending a police station or elsewhere voluntarily) regarding the suspect’s right to free legal | ||
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irrespective of where they take place, will apply to any interview to which this Annex | irrespective of where they take place, will apply to any interview to which this Annex | ||
applies. See Note A7. | applies. See Note A7. | ||
+ | |||
10. If it appears to the interviewing officer that before the conclusion of an interview, any of the | 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 | requirements in paragraphs 5 to 8 of Part 1 that apply to the offence in question described |