Schedule[1]
(Article 2)
Code of Practice on Audio
Recording of Interviews[2]
CODE OF PRACTICE FOR THE
AUDIO RECORDING OF INTERVIEWS UNDER THE TERRORISM (JERSEY) LAW 2002
Foreword
Paragraph 3(1) of Schedule 9 to the Terrorism
(Jersey) Law 2002 requires that a code of practice is issued by the Minister for Justice and Home Affairs to regulate
practice in respect of the audio recording of police interviews with persons
detained under Article 37 of and Schedule 8 to that Law.
Under paragraph 4(5) of Schedule 9 to that Law the code is
admissible in evidence in criminal and civil proceedings and shall be taken
into account by any court or tribunal in any case in which it appears to the
court or tribunal to be relevant.
CONTENTS
Section 1 General
Section 2 Recording
and Sealing of Master Tapes
Section 3 Interviews
to be Audio Recorded
Section 4 The
Interview
(a) commencement of interview
(b) interviews under Article 37
(c) interviews of those detained at a
police station under Schedule 8 to the Law
(d) interviews with the deaf or with
those who do not understand English
(e) objections and complaints by the
detained person
(f) changing tapes
(g) taking a break during interview
(h) failure of recording equipment
(i) removing tapes from the
recorder
(j) conclusion of interview
Section 5 Interview Records
of Interviews under Sections 3.5, 4.13 and 4.16
Section 6 After
the Interview under Section 4
Section 7 Tape
Security
Section 8 Tape
Destruction
Annex
CODE OF PRACTICE UNDER PARAGRAPH
3(1) OF SCHEDULE 9 TO THE TERRORISM (JERSEY) LAW 2002 GOVERNING THE AUDIO
RECORDING OF POLICE INTERVIEWS IN A POLICE STATION OF PERSONS DETAINED UNDER
ARTICLE 37 OF OR SCHEDULE 8 TO THE TERRORISM (JERSEY) LAW 2002
Commencement - Transitional Arrangements
This code applies to an interview, or any part of an interview,
carried out after this code comes into operation.
Section 1 General
1.1 This
code of practice applies to the audio recording of police interviews in a
police station of persons detained under Article 37 of or Schedule 8
to the Terrorism
(Jersey) Law 2002 (“the Law”).
1.2 The
code must be readily available at all police stations for consultation by police
officers, arrested or detained persons, members of the public, appropriate
adults, advocates and solicitors.
1.3 In
this code reference to a ‘police station’ includes any place which
is designated by the Minister for Justice and Home Affairs (“the
Minister”) under paragraph 1(1) of Schedule 9 to the Law as a place
at which persons may be detained under Article 37.
1.4 The
notes for guidance included are not provisions of this code. They form guidance
to police officers and others about its application and interpretation.
1.5 Nothing
in this code shall be taken as detracting in any way from the legal responsibilities
of interviewing officers in conducting an interview with a detained person.
1.6 In
this code “appropriate adult” means:
(i) in the case of a juvenile:
(a) his parent or guardian (where they
are not involved in the case); or, if he is in care, the authority having care
of him. The term ‘in care’ is used in this code to cover all cases
in which a juvenile is ‘looked after’ by the Minister for Children
and Families pursuant to the Children
(Jersey) Law 2002;
(b) a social worker; or
(c) failing either of the above,
another responsible adult aged 18 or over who is not a police officer or
employed by the police.
(ii) in the case of a person who is
mentally disordered:
(a) a relative, guardian or other
person responsible for his care or custody;
(b) someone who has experience of
dealing with mentally disordered people but who is not a police officer or employed
by the police; or
(c) failing either of the above, some
other responsible adult aged 18 or over who is not a police officer or employed
by the police. (See Note 1A).
‘Mental disorder’ means mental illness, arrested or incomplete
development of mind, psychopathic disorder and any other disorder or disability
of mind.
1.7 If
anyone appears to be under the age of 17 then he shall be treated as a juvenile
for the purposes of this code.
1.8 Only
officers who have been trained for the purpose can carry out tape-recorded
interviews under this code.
Notes for Guidance
1A In
the case of people who are mentally disordered, it may in certain circumstances
be more satisfactory for all concerned if the appropriate adult is someone who
has experience or training in their care rather than a relative lacking such
qualifications. But if the person himself prefers a relative to a
better-qualified stranger or objects to a particular person as the appropriate
adult, his wishes should if practicable be respected.
1B It
is important to bear in mind that, although juveniles or people who are
mentally disordered are often capable of providing reliable evidence, they may,
without knowing or wishing to do so, be particularly prone in certain
circumstances to provide information which is unreliable, misleading or self
incriminating. Special care should therefore always be exercised in questioning
such a person, and the appropriate adult should always be involved, if there is
any doubt about a person’s age, mental state or capacity. Because of the
risk of unreliable evidence it is also important to obtain corroboration of any
facts admitted wherever possible.
Section 2 Recording and Sealing of Master Tapes
2.1 The
audio recording of interviews shall be carried out openly so as to instill confidence
in the integrity of the tape as an impartial and accurate record of the interview.
(See Note 2A).
2.2 One
tape, referred to in this code as the master tape, will be sealed before it
leaves the presence of the detained person. A second tape will be used as a working
copy. The master tape is either one of the tapes used in the twin or triple deck
tape-recorder or the only tape used in single deck machines. The working copy
is either the second tape used in a twin or triple deck machine or a copy of the
master tape made by a single deck machine. (See
Note 2B).
Notes for Guidance
2A. Interviewing
officers will wish to ensure that, as far as possible, audio recording
arrangements are unobtrusive. It must be clear to the detained person, however,
that there is no opportunity to interfere with the recording equipment or the
tapes.
2B. The
purpose of sealing the master tape before it leaves the presence of the
detained person is to establish his confidence that the integrity of the tape
is preserved. Where a single deck machine is used the working copy of the
master tape must be made in the presence of the suspect without the master tape
having left his sight. The working copy shall be used for making further copies
where the need arises. The recorder will be capable of recording voices and
will have a time coding or other security device.
Section 3 Interviews To Be Audio Recorded
When audio recording is
required
3.1 Subject
to paragraph 3.5 below, audio recording shall be used for any police interview
in a police station of a person detained under Article 37 of or Schedule 8
to the Law.
3.2 Audio
recording shall also be used in an interview with a person suspected on
reasonable grounds of an offence under Article 3 of the Official
Secrets (Jersey) Law 1952.
3.3 The
whole of each interview shall be audio recorded, including the taking and
reading back of any statement.
When audio recording is
not required
3.4 Audio
recording is not required for people
being examined under Schedule 8 to the Law unless they are detained at a
police station.
3.5 An
officer of the Force not below the rank of inspector who is not involved with
the investigation (the authorizing officer) may authorize the interviewing officer
not to audio record the interview where it is not reasonably practicable to do
so because of failure of the equipment or the non-availability of a suitable
interview room or recorder, and the authorizing officer considers on reasonable
grounds that the interview should not be delayed until the failure has been rectified
or a suitable room or recorder becomes available. In such cases the interview
shall be recorded verbatim in writing. In all cases the authorizing officer
shall make a note in specific terms of the reasons for not audio recording. (See Note 3A).
Notes for Guidance
3A A
decision not to audio record an interview for any reason may be the subject of
comment if a case comes to court. The authorizing officer should therefore be
prepared to justify his decision in each case.
Section 4 The Interview
(a) Commencement
of interview
4.1 When
the detained person is brought into the interview room the interviewing officer
(the police officer conducting the interview or any of such officers, if there
are more than one) shall, without delay, but in the sight of the detained
person, load the recorder with previously unused tapes and set it to record.
The tapes must be unwrapped or otherwise opened in the presence of the detained
person. (See Note 4A).
4.2 (i) The interviewing officer
shall then tell the detained person formally about the audio recording. He
shall state:
(a) that the interview is being audio
recorded;
(b) the date, time of commencement and
place of the interview;
(c) his name (or his warrant or other
identification numbers) and rank and the name (or warrant or other
identification numbers) and rank of any other police officer present;
(d) the name of the detained person and
any other person present (eg legal representative);
and
(e) that the detained person will be
given a notice about what will happen to the tapes.
(ii) When the interviewing officer
identifies himself and his rank in accordance with sub-paragraph 4.2 (i)(c)
above, any other police officer present shall then also state his name (or
warrant or other identification number) and rank.
(iii) When the interviewing officer
states the name of the detained person and any other person present, in
accordance with sub-paragraph 4.2(i)(d) above, he shall invite each such person
to identify himself for the purpose of the tape. (See Note 4B).
(iv) Any person entering the interview room
after the interview has commenced shall be invited by the interviewing officer
to identify himself for the purpose of the tape and state the reason for which
he has entered the interview room.
(b) Interviews under Article 37
4.3 Unless
in accordance with paragraph 8 of Schedule 9 to the Law access to facilities
to consult a legal representative has been delayed (the reasons for which should
be communicated to the detained person and recorded as soon as is reasonably
practicable), the interviewing officer shall remind the detained person of his
right to be afforded facilities to consult a legal representative. Immediately
prior to the commencement or re-commencement of any interview at a police
station, the interviewing officer should remind the detained person of his
entitlement to be afforded facilities to consult a legal representative and
that the interview can be delayed for this purpose.
4.4 The
interviewing officer shall then advise the detained person in the following
terms:
‘you
are not obliged to say anything unless you wish to do so but anything you do
say may be taken down and given in evidence’
Further cautions may be appropriate during the course of the
interview where, for example, fresh evidence suggests further offences may have
been committed.
4.5 Minor
deviations from the form of words set out in the above paragraphs do not constitute
a breach of this code provided that the sense is preserved.
(c) Interviews of those
detained at a police station under Schedule 8 to the Law
4.8 The
interviewing officer shall inform the detained person that he is not under arrest or caution but that he
is being detained under the provisions of Schedule 8 to the Law. He will
explain that this in itself does not mean that the interviewer suspects that
the detained person is or has been concerned in the commission, preparation or
instigation of acts of terrorism and that the purpose of the questioning is to
enable the interviewer to determine whether the detained person appears to be
such a person.
4.9 The
interviewer shall advise the detained person that, in accordance with paragraph
3 of Schedule 8 to the Law, he has a duty to give the interviewer all the information
in his possession which the interviewer requests in connection with his
determining whether the person is or has been concerned in the commission, preparation
or instigation of acts of terrorism.
4.10 He
shall also advise the detained person that if he deliberately fails to comply
with the interviewer’s request he may be guilty of an offence under paragraph
15(1) of Schedule 8 to the Law.
4.11 The
interviewer shall inform the detained person that he may, if he wishes, at
public expense, inform a relative or someone close to him, or known to him, or
someone who is likely to take an interest in his welfare that he is being questioned
and where he is. The interviewer shall also advise the detained person that he
can, if he wishes, also have access to facilities to consult a legal
representative, either in person, in writing or by telephone and that the
interview can be delayed for this purpose.
(d) Interviews
with the deaf or with those who do not understand English
4.12 If
a person appears to be deaf or there is doubt about his hearing or speaking
ability, he must not be interviewed in the absence of an interpreter unless he
agrees in writing to be interviewed without one or unless an officer of the
rank of chief inspector or above considers that delaying the interview would be
likely:
(a) to lead to interference with or
harm to evidence connected with an offence or interference with or physical
harm to other people;
(b) to lead to the alerting of other
people suspected of having committed an offence but not yet arrested for it; or
(c) to hinder the recovery of property
obtained in consequence of the commission of an offence.
Questioning in these circumstances may not continue once sufficient information
to avert the immediate risk has been obtained. A record shall be made of the
grounds for any decision to interview a person under this paragraph.
4.13 If
the detained person is deaf, or there is doubt about his hearing ability, the
interviewing officer shall take a verbatim contemporaneous note of the interview,
in addition to audio recording it in accordance with the provisions of this
code. (See Note 4C).
4.14 Except
where an officer of the rank of chief inspector or above believes that (a), (b)
or (c) in paragraph 4.12 above applies, a person must not be interviewed in the
absence of a person capable of acting as interpreter if:
(a) he has difficulty in understanding
English;
(b) the interviewing officer cannot
understand the person’s own language; and
(c) the person wishes an interpreter to
be present.
4.15 Where
paragraph 4.3 applies and the person concerned cannot communicate with the legal
representative, whether because of language, hearing or speech difficulties,
the interpreter must be called. The interpreter may be a police officer except
where interpretation is needed for the purposes of obtaining legal advice.
(e) Objections and complaints
by the detained person
4.16 If
the detained person raises objections to the interview being audio recorded
either at the outset or during the interview or during a break in the interview,
the interviewing officer shall remind him (see sub-paragraph 4.2 (i)(a) above)
that the interview is being audio recorded and that his objections are being
recorded on tape. When any objections have been recorded or the detained person
has refused to have his objections recorded, the interviewing officer may turn
off the recorder. In this eventuality the interviewing officer shall say that
he is turning off the recorder and give his reasons for doing so and then turn
it off. He shall then make a verbatim written record of the interview. If,
however, the interviewing officer reasonably considers that he should proceed
to put questions to the detained person with the recorder still on, he may do
so. In that event, the detained person’s attention shall be drawn to the
fact that the recorder is still operating. (See
Note 4D).
4.17 If
in the course of an interview a complaint is made by the person being questioned,
or on his behalf, about his detention, treatment and questioning or if the
complaint is that the provisions of this code have not been observed, then the interviewing
officer shall record it in the interview record and inform the custody officer,
or those carrying out the functions of a custody officer, who is then
responsible for dealing with the complaint in accordance with recognised
procedures. (See Note 4E).
4.18 If
the detained person indicates that he wishes to tell a police officer about matters
not directly connected with the matter about which he is being interviewed and
that he is unwilling for these matters to be audio recorded, he shall be given
the opportunity to tell a police officer about these matters after the conclusion
of the interview. Consideration should be given as to whether a separate
caution is appropriate in those circumstances.
(f) Changing tapes
4.19 When
the recorder indicates that the tapes have only a short time left to run, the
interviewing officer shall tell the detained person that the tapes are coming
to an end and round off that part of the interview. If the officer wishes to
continue the interview but does not already have a second set of tapes, he
shall obtain a set. The detained person shall not be left unattended in the
interview room. The interviewing officer shall remove the tapes from the
recorder and insert the new tapes which shall be unwrapped or otherwise opened
in the detained person’s presence. The recorder shall then be set to
record on the new tapes. When more than one set of tapes has been used, care
must be taken to ensure there is no confusion between the sets of tapes. This
must be done by marking each set of tapes with the same identification number
immediately it is removed from the recorder.
(g) Taking a break during
interview
4.20 When
a break is to be taken during the course of an interview and the interview room
is to be vacated by the detained person, the fact that a break is to be taken,
the reason for it and the time shall be audio recorded. The tapes shall then be
removed from the recorder and the procedures for the conclusion of an interview
set out below shall be followed.
4.21 When
a break is to be a short one and both the detained person and the interviewing
officer are to remain in the interview room the fact that a break is to be
taken, the reason for it and the time shall be audio recorded. The recorder may
be turned off: there is, however, no need to remove the tape and when the interview
is recommenced the recording shall be continued on the same tape. The time at
which the interview recommences shall be audio recorded.
4.22 When
there is a break in questioning under
caution the interviewing officer must
ensure that the person being questioned is reminded of his right to be afforded
facilities to consult a legal representative and also that he is aware that he
remains under caution. If there is any doubt the caution must be given again in
full when the interview resumes. (See
Notes 4F and 4G).
(h) Failure of recording
equipment
4.23 If
there is a failure of equipment which can be rectified quickly, for example by
inserting new tapes, the procedures set out in paragraph 4.19 shall be
followed, and when the recording is resumed the interviewing officer shall explain
what has happened and audio record the time the interview recommences. If,
however, it is not possible to continue recording on that particular recorder
and no replacement recorder or other suitably equipped interview room is
readily available, the interview may continue without being audio recorded. In
such circumstances the authorization procedures in paragraph 3.5 above shall be
followed. (See Note 4H).
(i) Removing tapes from
the recorder
4.24 Where
tapes are removed from the recorder in the course of an interview, they shall
be retained and the procedures set out in paragraph 4.26 below followed.
(j) Conclusion of
interview
4.25 At
the conclusion of the interview, the detained person shall be offered the
opportunity to clarify anything he has said and to add anything he may wish.
4.26 At
the conclusion of the interview, including the taking and reading back of any
written statement, the time shall be recorded and the recorder switched off. The
master tape, as selected by the detained person, shall be sealed with a master
tape label and treated as an exhibit. The interviewing officer shall sign the
label (a warrant or other identification number may be used) and ask the
detained person and any other third party present to sign it also. If the
detained person or third party refuses to sign the label, an officer not below
the rank of inspector, who is not involved with the investigation, or if one is
not available, the custody officer shall be called into the interview room and
asked to sign it. (See Note 4I).
4.27 The
detained person or an appropriate adult or an interpreter shall be handed a
notice at the end of the first interview which explains:
the
use which will be made of the tape-recording;
the
arrangements for access to the tape;
that
a copy of the tape shall be supplied upon request as soon as practicable if the
detained person is charged or informed that he will be prosecuted;
the
period of retention of the tape;
the
arrangements for the destruction of the tape. (See Note 4J and the Annex).
Notes for Guidance
4A The interviewing officer
should attempt to estimate the likely length of the interview and ensure the appropriate
number of unused tapes, and labels with which to seal the master tapes are
available in the interview room.
4B It
is necessary, for the purpose of voice identification in the recording, for the
interviewing officer to ask the detained person and any other persons present
to identify themselves.
4C Paragraph
4.13 is intended to give the deaf equivalent rights of first hand access to the
full interview record.
4D The
interviewing officer should bear in mind that his decision to continue recording
against the wishes of the detained person may be the subject of comment if the
case comes to court. He may wish to consider, however, reminding the
interviewee that audio-recording is an added safeguard in the interview process
and, where appropriate, seek a view from the interviewee’s legal
representative before switching off the tape recorder.
4E Where
the custody officer is called immediately to deal with the complaint, wherever
possible the tape recorder should be left to run until the custody officer has
entered the interview room and spoken to the person being interviewed.
Continuation or termination of the interview should be at the discretion of the
interviewing officer pending the instigation of recognized complaints. Where
the complaint concerns a matter not connected with this code or with the
detained person’s detention, treatment or questioning, the decision to
continue with the interview is at the discretion of the interviewing officer.
Where the interviewing officer decides to continue with the interview the
person being interviewed shall be told that the complaint will be brought to
the attention of the custody officer at the conclusion of the interview. When
the interview is concluded the interviewing officer must, as soon as
practicable, inform the custody officer of the existence and nature of the
complaint made.
4F In
considering whether to caution again after a break in an interview, the
interviewing officer should bear in mind that he may have to satisfy a court
that the detained person understood he was still under caution when the
interview resumed (or during the course of the interview itself).
4G The
officer should bear in mind that it may be necessary to show to the court that
nothing occurred during a break in an interview or between interviews which
influenced the detained person’s recorded evidence. The officer should
consider, therefore, after a break in an interview or at the beginning of a
subsequent interview summarising on tape the reason for the break and
confirming this with the detained person.
4H If
one of the tapes breaks during the interview it should be sealed as a master
tape in the presence of the detained person and the interview resumed where it
left off. The unbroken tape should be copied and the original sealed as a
master tape in the detained person’s presence, if necessary after the
interview. If equipment for copying the unbroken tape is not readily available,
both tapes should be sealed in the presence of the detained person and the
interview begun again.
4I Where
the detained person refuses to sign the label, they should be given an
opportunity to place their reasons for so doing on record.
4J Only
one notice is required to be served on the detained person, or an appropriate
adult or an interpreter, and this should be carried out at the end of the first
interview.
Section 5 Interview Records of Interviews under Sections 3.5, 4.13 and
4.16
5.1 An
accurate record must be made of each interview with a detained person, carried
out at a police station under paragraphs 3.5, 4.13 or 4.16 above.
5.2 The
record must state the place of the interview, the time it begins and ends, the
time the record is made (if different), any breaks in the interview and the
names (or warrant or other identification number) and duty station of such officers
and all those present; and must be made on the forms provided for this purpose
or in the officer’s pocket book.
5.3 The
record must be made during the course of the interview, unless in the investigating
officer’s view this would not be practicable or would interfere with the
conduct of the interview, and must constitute either a verbatim record of what
was said or, failing this, an account of the interview which adequately and accurately
summarises it.
5.4 If
an interview record is not made during the course of the interview it must be
made as soon as practicable after its completion.
5.5 Written
interview records must be timed and signed by the maker.
5.6 If
an interview record is not completed in the course of the interview the reason
must be recorded in the officer’s pocket book.
5.7 Unless
it is impracticable the person interviewed must be given the opportunity under
tape recorded conditions to read the interview record and to sign it as correct
or to indicate the respects in which he considers it inaccurate. If the person
concerned cannot read or refuses to read the record or to sign it, the senior
officer present shall read it to him and ask him whether he would like to sign
it as correct (or make his mark) or to indicate the respects in which he considers
it inaccurate. The police officer shall then certify on the interview record
itself what has occurred. (See Note 5A).
5.8 If
an appropriate adult or person’s legal representative is present during
the interview, he shall also be given the opportunity to read and sign the
interview record (or any written statement taken down by a police officer).
5.9 A
written record shall also be made of any comments made by a suspected person,
including unsolicited comments which are outside the context of an interview
but which might be relevant to the offence. Any such record must be timed and
signed by the maker. Where practicable the person should be given the opportunity
to read and sign it as correct or to indicate the respects in which he considers
it inaccurate. (See note 5B).
5.10 Where
an interview has been conducted under paragraph 3.5 or 4.16 and the detained
person is someone to which paragraph 4.14 of the code refers, the interviewing
officer shall ensure that the interpreter makes a note of the interview at the
time in the language of the person being interviewed for use in the event of
his being called to give evidence, and certifies its accuracy. He shall allow
sufficient time for the interpreter to make a note of each question and answer
after each has been put or given and interpreted. The person shall be given an
opportunity to read it or have it read to him and sign it as correct or to indicate
the respects in which he considers it inaccurate.
5.11 In
the case of a person making a statement in a language other than English:
(a) the interpreter shall take down the
statement in the language in which it is made;
(b) the person making the statement
shall be invited to sign it; and
(c) an official English translation
shall be made in due course.
Notes for Guidance
5A Where
a suspect agrees to read the records of interviews and other comments and to
sign them as correct, he should be asked to endorse the records with words such
as ‘I agree that this is a correct record of what was said’ and add
his signature. Where the suspect does not agree with the record, the officer
should record details of any disagreements and then ask the suspect to read
these details and then sign them to the effect that they accurately reflect his
disagreement. Any refusal to sign when asked to do so shall be recorded.
5B Interviewing
officers will wish to consider whether unsolicited relevant comments made
during the course of interview should be brought into the interview to assist
in establishing them as evidence.
Section 6 After the Interview under Section 4
6.1 The
interviewing officer shall make a written record of the fact that the interview
has taken place, that it has been recorded on audio tape, its time, duration
and date. The times during which the recorder has been operating and the
identification number of the master tape will be included in the written record.
6.2 Where
no further action, including arrest and/or criminal proceedings follow in
respect of the person whose interview has been recorded the tapes must nevertheless
be kept securely in accordance with section 7.
6.3 Subject
as mentioned at paragraph 6.6, where criminal proceedings do follow or are
under consideration, the interviewing officer shall prepare, or have prepared
on his behalf, a full transcript of the interview or a summary of the interview,
which shall be signed by the interviewing officer (see Notes 6A, 6B and 6C).
6.4 Any
written statement of evidence prepared by the interviewing officer in relation
to what took place at the interview shall refer to the fact that the interview
was audio recorded and refer to the master tape as an exhibit to the statement.
6.5 Subject
to paragraph 6.6, the full transcript of the interview or a summary of the
interview shall be exhibited to any such written statement of evidence prepared
by the interviewing officer under paragraph 6.4. If a full transcript or a summary
of the interview, as the case may be, is prepared by a person other than the
interviewing officer, the interviewing officer must check that the full transcript
or summary of the interview is correct before he signs it, and his written
statement must contain a reference to the fact that he has been shown the full
transcript or summary of interview, checked it, found it to be correct and signed
it.
6.6 The
Chief Officer of the Force or, where applicable, the Attorney General may
direct that, in circumstances which he shall specify, neither a full transcript
of the interview or a summary of the interview will be required to be included
in files submitted for the decision of the Chief Officer or, where applicable,
the Attorney General. Accordingly, where the specified circumstances arise,
paragraphs 6.3 and 6.5 shall not apply unless the Chief Officer or, where
applicable, the Attorney General after receipt of the file directs that a full
transcript of the interview be prepared or a summary of it be prepared in that
individual case. (See Note 6D).
6.7 The
court shall be made aware of any transcript of the audio-recorded interview
which has been made.
Notes for Guidance
6A Prior
to preparing the summary of the interview or to checking a summary of interview
which has been prepared on his behalf by another person, the interviewing
officer may refresh his memory by listening to the working copy of the tape.
6B A
person preparing a summary of interview on behalf of the interviewing officer
should be a police officer, or other person who has received appropriate
training in the preparation of summaries of interview. He should prepare the
summary after listening to the tape and if necessary after consultation with
the interviewing officer
6C The
summary of interview should be prepared on the basis that it will be exhibited
to the interviewing officer’s statement of evidence and that it will be
used for the following purposes:
to
enable the Chief Officer or the Attorney General to make informed decisions
about the case on the basis of what was said at the interview;
for
use pursuant to any rule of law permitting the admission of written statements
as evidence in court;
where
applicable, for use as a basis for the conduct of the case by the prosecution,
the defence and the court without the necessity for the master tape to be
played in court.
The summary should, therefore, comprise a balanced account of the
interview, including points in mitigation and/or defence made by the detained
person. Where an admission is made the question as well as the answer
containing the admission should be recorded verbatim in the summary. Care
should be taken to bring to the attention of the Chief Officer and/or the
Attorney General, by means of a covering report, any material on the tape which
might be regarded by a court as prejudicial or inadmissible.
6D Where,
in the interviewing officer’s view, a significant interview occurs, for
example, an admission is made, an explanation is provided, inferences may be
drawn from a failure to answer questions or there are ambiguous answers, a full
transcript will normally be provided. In cases of doubt early consultation with
the relevant prosecuting authority is desirable.
Section 7 Tape security
7.1 The
officer in charge of each police station at which interviews with detained
persons are recorded shall make arrangements for all master tapes to be kept
securely and their movements accounted for on the same basis as any material
which may be used for evidential purposes, in accordance with Force Standing
Orders. (See Note 7A).
7.2 A
police officer has no authority to break the seal on a master tape which is
required for criminal proceedings. If it is necessary to gain access to the master
tape the police shall request the Attorney General to seek the authority of the
appropriate court for the seal to be broken, the tape copied, and resealed in
the presence of an official appointee of the court. Where no court proceedings
have been commenced, but are contemplated or are under consideration, the seal
shall be broken, and the tape copied and resealed, in the presence of the
Attorney General or his representative. In either case the detained person or
his legal representative shall be informed and given a reasonable opportunity
to be present. If the detained person or his legal representative is present he
shall be invited to reseal and sign the master tape. If this offer is refused,
or neither the detained person nor his legal representative is present, this shall
be done by the official appointee of the court or representative of the
Attorney General, as applicable.
7.3 Where
no further action including criminal proceedings results, or is under consideration,
or where criminal proceedings have been concluded, it is the responsibility of
the Chief Officer of the Force to establish arrangements for the breaking of the
seal on the master tape, where this becomes necessary.
Notes for Guidance
7A This
section is concerned with the security of the master tape which will have been
sealed at the conclusion of the interview. Care should, however, be taken of
working copies of tapes since their loss or destruction may lead unnecessarily
to the need to have access to master tapes.
Section 8 Tape Destruction
8.1 At
the conclusion of criminal proceedings, or in the event of a direction not to
prosecute, the contents of a working copy of the tape shall be completely erased.
Such tapes shall not be reissued for the purpose of recording interviews.
8.2 Unless
civil proceedings have been instigated, or it is clear that none will be,
master tapes will be destroyed six years after the date of the interview.
ANNEX
STATES OF JERSEY POLICE
FORCE
Audio Recording of Interview
Notice to
persons arrested under Article 37 of OR detained under Schedule 8 to
the Terrorism
(Jersey) Law 2002 whose interview has been audio recorded.
This notice
explains how the audio recording will be used and how you or your legal
representative can, if you wish, arrange to listen to it if you are prosecuted.
THE USE WHICH WILL BE MADE OF THE AUDIO RECORDING
The interview
has been audio recorded using a single, twin or triple deck tape recorder. One
of the tapes has been sealed in your presence and will be kept securely in case
it is needed in court (this tape is known as the “master tape”). The
other tape will be a working copy to which the police and you or your legal
representative may listen if you wish. Both tapes are protected against
tampering.
ARRANGEMENTS TO ACCESS THE TAPE
If you wish,
you or your legal representative may listen to the audio recording by applying to
the Chief Officer of the Force.
WHEN A COPY OF THE TAPE WILL BE SUPPLIED
If you are
charged, or informed that you will be prosecuted, a copy of the tape shall be
supplied upon request to you or your legal representative as soon as
practicable. Your legal representative can obtain a copy of the tape by
applying to the Chief Officer of the Force
RETENTION OF AUDIO TAPES
The master tape
has been sealed and will be retained at least until you are acquitted or
convicted, or the prosecutor decides not to proceed with the case. You should
note that if no further action is taken against you including if criminal
proceedings are not instigated against you, and if by the end of six years from
the date of your interview a complaint has not been received, or civil proceedings
have not been instigated and it is clear that none will be, the master tape of
your interview will be destroyed.
DESTRUCTION OF AUDIO TAPES
You or your legal
representative may be present to witness the destruction of the master tape.
You will be notified of the date and time that the destruction of the master tape
will take place.
Important Note
You are entitled
to make a complaint about your treatment in police custody at any time.