SCHEDULE
(Article 2)
Code of Practice on Audio Recording of
Interviews
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 Home Affairs Committee 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 Home Affairs Committee (“the Committee”) 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 Health and
Social Services Committee pursuant to the Children (Jersey) Law 1969;
(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.