I am able to disclose the information which is set out in the enclosed Annex.

Transcription

1 Powers, Professionalism & Standards National Operations & Performance Directorates To H Rauchen (By ) Freedom.informationteam@homeoffi ce.gsi.gov.uk Web 02 September 2011 Freedom of Information Request - Reference Number Dear H Rauchen Thank you for your of 11 August, in which you ask for 'instructions on cautions - interviews'. Your request has been handled as a request for information under the Freedom of Information Act I am able to disclose the information which is set out in the enclosed Annex. I hope that this information meets your requirements. I would like to assure you that we have provided you with all relevant information that the Home Office holds. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to the address below, quoting reference If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response. Information Access Team Home Office Ground Floor, Seacole Building 2 Marsham Street London SW1P 4DF FOIRequests@homeoffice.gsi.gov.uk As part of any internal review the Department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. If you remain dissatisfied after this internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act. Yours sincerely The Powers, Professionalism & Standards Team

2 Annex Interviews Contents Training available Caution Interviews Interviews in HM Revenue & Customs Offices Interview Rooms - Preparation Audio tapes from a recorded interview Audio- tape recorded interview equipment Interviews that are to be audio tape-recorded Conducting an audio-tape recorded interview Pre-Interview disclosure Special Warnings Evidence - Bad Character Note-taking in an interview Interpreters Information not relevant to the offence Concluding the interview Interviewing away from a designated office Allegations of misconduct and complaints Audio-tape Security Advice to the Solicitors Office Interpreters witness statement Transcription Accuracy of the Transcript Access to audio tapes Editing of audio tapes Court procedures Disposal of Audio tapes Use of Police Audio tape Recording Facilities Written Interviews Juveniles, the mentally disordered and the mentally handicapped Interviewing Defence Witnesses England, Wales & Northern Ireland Exceptions to the rules of interviewing Voluntary Attendance Cooperation Conversations and Urgent Interviews (Cooperating couriers) Interviews (drug/passenger stops) aide memoire Interview - Aide-Memoire

3 Forms ENF6 - Master Tape Seal - to order complete Form CE623 and to ENF Record of Interview ENF1227A - Record of Interview (continuation) ENF1227B - Transcript of Record of Interview

4 Interviews Training available (National Anti Smuggling Programme) Foundation 1&2 for Investigators

5 Interviews Caution Interviews Section 11 of Code C of the PACE/PACE (NI) Codes of Practice defines an interview as "...the questioning of a person regarding his involvement, or suspected involvement, in a criminal offence or offences which, by virtue of paragraph 10.1 of Code C, is required to be carried out under caution". Officers must have regard to the provisions relating to interviews contained in Code C of the PACE/PACE (NI) Codes of Practice, in particular Sections 11 to 13.

6 Interviews Interviews in HM Revenue & Customs offices In any period of twenty-four hours a detained person must be allowed a continuous period of at least eight hours for rest, free from questioning, travel or any interruption by officers in connection with the investigation concerned. This period should normally be at night. The period of rest may not be interrupted or delayed, except at the request of the person, the appropriate adult or legal representative, unless there are reasonable grounds for believing that it would: Involve a risk of harm to people or serious loss of, or damage to, property; Delay unnecessarily the person's release from custody; or Otherwise prejudice the outcome of the investigation. If a person is arrested at a HM Revenue & Customs office after going there voluntarily, the period of twenty- four hours runs from the time of their arrest and not the time of arrival. Any action which is required to be taken in accordance with conditions of detention, or in accordance with medical advice or at the request of the detained person, the appropriate adult or legal representative, does not constitute an interruption to the rest period such that a fresh period must be allowed. A detained person must not be supplied with intoxicating liquor except on medical grounds. No person who is unfit through drink or drugs to the extent that they are unable to appreciate the significance of questions put to them and their answers, may be questioned about an alleged offence in that condition except in accordance with the section at the end of this instruction. (Exceptions to the Rules of Interviews) As far as practicable interviews must take place in interview rooms which must be adequately heated, lit and ventilated. Interviews should always be conducted by a minimum of two officers, whom will both be referred to as, the interviewing officers. People being questioned or making statements must not be required to stand. Before the commencement of an interview each interviewing officer must identify themselves and any other officers present to the person being interviewed.

7 Interviews Interview Rooms - Preparation Audio tapes from a recorded interview Tapes from a recorded interview may be played in court, therefore it is essential that recordings are of a satisfactory quality, i.e. they can be heard and understood. This is particularly important in the case of interviews conducted in a foreign language or poorly spoken English. The principal problem encountered in preparing rooms for tape recordings is generally described as 'ambient noise'. In many environments the main constituents of ambient noise are obvious e.g. Traffic noise; Voices and noises generated within a building and transmitted by its structure; and Noises that are usually unobtrusive to the human ear but become noticeable on tape, e.g. air conditioning. The room to be used for conducting a tape-recorded interview should have an ambient noise for the majority of the time of no more than 35db(A) or NC25. The maximum noise level should not exceed 45db(A). This level must be limited to peaks (and not continuous noise) and must be of a very intermittent and infrequent nature. To meet this standard will inevitably require a room with permanently closed windows, which in turn will require air conditioning. If not already present this will involve substantial costs, as it will have to be a silent, or near silent system, to comply with the noise level limits. Any air conditioning unit should aim to provide an environment of 20 C ± 2 C with a relative humidity of 50%±10% and a fresh airflow of 12 litres per second/person. In addition the room should have a reverberation time of 0.3 seconds or less and a speech intelligibility index of better than 0.8. Obtain advice from Estates on how to achieve this standard, how to contact a suitable acoustic engineering contractor, and budgetary matters.

8 Interviews Audio- Tape Recorded Interview Equipment Place the recorder, wherever possible, within easy reach of the officer conducting the interview and fix the power point accordingly. Mount the microphone on the wall, out of reach, but central to where the interviewer and interviewee will be seated. The following equipment must be installed: Warning light outside the room to indicate 'Recording' (which should be linked to the power supply of the recorder); Panic alarm (to summon assistance); Fire alarm; You are wanted' indicator; Emergency light (if no natural light); 24 hour clock; and Additional power points. 1. Audio tape recorder: on site The Neal 6224m tape recorder is a dual tape machine which records on two cassette tapes simultaneously and has a 'time into tape' readout. Each tape-records on two channels at the same time. The interview is recorded on one channel while the other channel records automatically a spoken announcement of the 'time into tape'. This enables a check to be made as to whether any tampering with the voice channel has taken place. Safety circuits are built in to ensure that identical recordings are made on the two tapes. The machine has recording level indicators that flash green at typical speech levels and red at peaks in volume. An audible alarm is activated When the "record" button is pressed - this is to avoid the possibility of recording on the leader tape and also to signify the restart of a recording if the recorder has been stopped in the middle of the tape; If the tape cassette stalls or jams; When there is less than 2 minutes running time left on the tape; or If there is no signal recorded on the speech or time channel for more than 60 seconds. 2. Audio tape recorder: portable In certain circumstances a portable tape recorder may be provided to record interviews of suspects who are not under arrest, away from designated offices. Care must be taken throughout to ensure that background noise is reduced as far as possible and that other disturbances (e.g. people entering or leaving the room) are kept to a minimum. Officers are to ensure that adequate supplies of blank tapes, notices and labels to seal master tapes are available and that procedures laid out in this guidance are followed.

9 On completion of the interview the sealed master tapes are to be taken to a designated office by the case officer (as there will be no custody officer), logged and placed in the office master tape security cabinet (see Audio tape security). Should sufficient grounds for arrest arise during the interview, the arrest should be carried out with the tape running and then the interview must be terminated immediately. The suspect must be taken to a designated office as soon as is practicable. 3. Playback/transcription machine The Sony BM76 playback machine is for listening to the taped interview. This machine has a foot pedal control to stop and start the tape that will assist in preparing summaries or translations of interviews (or could be used if a transcript is required). 4. Fast copier The Sony CCP 200 will produce further copies of the taped interview for other interested parties. This machine copies at 8 times the normal playing speed of a recorder. Only make copies from the copy tape recorded at the time of interview. The copy itself must not be sent out as a copy. 5. Court playback equipment Playback equipment is provided in the courts for use in presenting cases with a 'time into tape' readout for ease in finding and playing back selected passages from the taped interview. If a tape or part of such a tape is required to be played in court, it is the case officer's responsibility to arrange the playing of that tape. 6. Maintenance of audio tape recording equipment The quality of recording is essential if tapes are to be used as evidence. Custody officers should be responsible for periodically checking the quality of tape recordings and for the cleaning of the tape heads. Cleaning should be done at least once a fortnight using suitable cleaning kits. Custody officers should also organise the regular servicing of tape recorders, playback machines and fast copiers. Adequate service records on all equipment should be maintained. Audiotapes The cost and supply of suitable tapes is a delegated expense, and officers should purchase tapes that are the best value for money having regard to the quality, availability and reliability. Labels could be printed separately or officers could get the supplier to customise their own labels to our requirements (at an extra cost). Specification of audiotapes labels and inlay cards Audio tapes Tapes should be of high quality and of 90-minute duration (C90). The tape should be contained within a 5-screw high quality cassette with removable lugs and stored in a standard case. Tapes should be supplied:

10 Sealed in pairs (for interviewing purposes); and Sealed in packs of 5 (for copying purposes) Each tape should be visually checked to ensure it is fully rewound. Labels The cassette label should be 90mm by 40 mm and produced in such a way as to avoid covering the spool holes and the tape-viewing window when positioned on the cassette. They should also be: Self-adhesive; Headed 'HM Revenue & Customs'; Marked 'interview cassette'; and Marked in order to write in the suspect's name and the tape number Additionally, the master tape label should be overprinted 'master tape' and the copy tape label overprinted 'copy tape'. Inlay cards The inlay cards should be 105mm by 100mm and printed on thin card. They should contain sufficient markings in order to write down details of the interview. They should also bear: The portcullis logo; The words 'HM Revenue & Customs'; and The words 'interview cassette'.

11 Interviews Interviews that are to be Audio Tape- Recorded Officers must tape record interviews on official premises in connection with the following cases (except in the circumstances given below): All prohibition or restriction cases where the goods are smuggled, unless authority is given in standing instructions to compound such an offence; Serious revenue cases which appear inappropriate for compounding because of the sums involved; Commercial fraud cases which appear inappropriate for compounding, e.g. serious quota frauds; and Aggravated cases or cases involving other circumstances that suggest that a Crown Court hearing is likely. Local management has the discretion to decide whether interviews for other categories of case are to be tape recorded, but whenever practicable interviews under caution (even if the suspect is not under arrest) are to be recorded if there is a possibility of court proceedings. Reasons for not audio tape recording Interviews covered above are not to be tape recorded if: It is not reasonably practicable to do so because of failure of the equipment or there is no suitable interview room or recorder available (and the authorising 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); or The suspect is mentally handicapped, deaf or dumb, or similarly disadvantaged (and the authorising officer believes on reasonable grounds, including representations made by a responsible third party, that the tape recording would not be in the suspect's interest). If either of the circumstances above applies, an officer of at least Higher Officer, who is not connected with the case, must authorise that the interview is not to be tape-recorded and is to complete and sign form C&E 8 (Authority not to tape record an interview) in the presence of the suspect. In the event of a situation set out in the first bullet point, priority is to be given, where practicable, to tape recording those interviews with suspects of the more serious offences. A decision not to tape record an interview for any reason may be the subject of adverse comment in court and officers are to ensure that the authorisation procedure is closely followed.

12 Interviews Conducting An Audio-Tape Recorded Interview Where tape recording is appropriate, the officer conducting the interview is to: Inform the custody officer (or the tape librarian where there is no custody officer) of this intention; draw from store sufficient pairs of clean and sealed tapes (and labels - ENF6) with which to seal the master tape(s) at the end of the interview) to last the expected length of the interview - approximately 45 minutes per master tape. If you require copies of ENF6, complete Form C&E623 and to NDC Erith Orderline.

13 Interviews Pre-Interview Disclosure Pre-interview disclosure is required to ensure that arrested persons (and their legal representatives) are informed about the reason for their arrest and the allegations against them. PACE 1984 Code of Practice C note 10 B requires that an arrested person be given sufficient information to enable them to understand they have been deprived of their liberty and the reason they have been arrested. Pre-interview disclosure should ensure: The person is informed of the nature of the suspected offence (e.g. a broad but succinct summary of the evidence and the number and identities of those involved along with the place and time where the alleged offence was committed.) Vague or technical language should be avoided. NB Where the arrest is made under the general conditions of section 25 PACE 1984, the grounds for arrest must include an explanation of the conditions which made the arrest necessary. A summary of the evidence against the suspect is provided along with the specific issues you wish to address whilst advising that the questioning will not necessarily be to those areas. Where applicable copies of any evidence you wish the suspect to consider and on which you wish to question them are provided. Consideration is given to recording the disclosure on tape. Improper pre-interview disclosure might result in the prosecution not being able to rely on the drawing of adverse inference provisions of section 34 of the Criminal Justice and Public Order Act (CJPO) Pre-interview disclosure should be sufficient for the purposes but not too lengthy or detailed given the constraints of the custody clock and the need to interview. Relevant case law R v Farrell (2004) - examples of the sort of issues Defence might raise

14 R v Roble (1997) regarding the drawing of inferences under s34 CJPO, one of the factors to be taken into account in determining what is reasonable for a suspect to have answered to a question is the degree to which Pre Interview Disclosure had been given R v Imran & Hussain (1997) stated that whilst investigators cannot actively mislead a suspect, Court of Appeal concluded that sections 34 to 38 of CJPO (94) could not be interpreted so as to give rise to a duty to disclose fully the facts of the case to the suspect R v Argent [1997] some form of Pre-Interview Disclosure is desirable, especially in cases of fraud or conspiracy involving a complex web of interlocking facts Starting an interview The officer conducting the tape interview is, in the presence of the suspect, to: 1. Remove manufacturers' wrapping from 2 new tapes. (Always use new tapes and on one side only). 2. Explain their actions and the purpose of the equipment to the suspect. 3. Load both tapes into the recorder, ensuring correct alignment. 4. Press 'record' button. The alarm will sound while the tape leader runs through (ensure the suspect is warned that this will occur). The recorder is now ready to tape the interview. 5. The Officer is to state: Their name; Any other person(s) present; The date; The time; and The location of the interview. 6. Advise the suspect that a copy of Form C&E 7 or C&E 7A (Notice to person whose interview has been tape recorded) will be issued at the end of the interview. Using the following aide-memoire: "This interview is being tape recorded. This is an interview with; state your full name please (suspect to state name). State your address please (suspect to state address). State your date of birth please (suspect to state date of birth). I am (interviewing officer to state name). Also present is (second officer to state name and any other persons present to identify themselves, e.g. suspect's lawyer). There are no other persons present. The date is (state date). The time is (state time). The tape counter reads (state tape counter reading). We are in an interview room at (state location, i.e. the HM Revenue & Customs office or police station and full

15 address). At the conclusion of the interview, I will give you form C&E 7 (or C&E 7A) which will explain the procedure for dealing with this recording and how you can have access to it." 7. Caution the suspect immediately before questioning in the following terms: For England and Wales "You do not have to say anything. But it may harm your defence if you do not mention when questioned something, which you later rely on in court. Anything you do say may be given in evidence". For Northern Ireland "You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in court, it may harm your defence. If you do say anything it may be given in evidence". In England, Wales and Northern Ireland - If the person does not understand or the officer doubts their understanding, give the following simplified caution and then re-check their understanding: I am going to ask you some questions. You do not have to answer any of them unless you want to. But if you go to court and say something there which you have not told me about, and they think you could have told me, it may harm your case. Anything you do say may be repeated in court 8. Remind the suspect of their right to free and independent legal advice under the duty solicitor scheme and that they can speak to a solicitor on the telephone. "I must advise you that you are entitled to free legal advice at any time. Do you understand? I must also advise you that you may speak to a legal representative on the telephone. Do you wish to do so?" If the suspect has declined any offer of legal representation, you must state: "I must ask you why you have not requested legal advice or to consult with a legal representative by telephone. I must remind you that you can ask at any time for free legal advice during the course of this interview. If you want legal advice, say so and I will suspend the interview and arrange for legal representation. Do you understand? Are you prepared to continue and answer questions without legal representation at this time?" Any significant statement or silence, which occurred prior to the interview commencing, should be put to the suspect and he should be asked whether he confirms or denies that earlier statement or silence and whether he wishes to add anything. Special Warnings Evidence - Bad Character Objections to Taping If the suspect raises an objection to being tape recorded, then give the following advice: "(State name of suspect), even without taping the interview I will be free to make any notes of the

16 interview. It is in your own interests for the interview to be taped, as it will provide a clear and undisputed record of what is said. In any case, you do not have to say anything if you do not wish to." If the objection is recorded on tape, no authority is necessary to continue the interview without recording. If you are unable to record the objection, seek permission of an officer of at least Higher Officer (or equivalent) to continue the interview by note taking. Note his permission in your notebook and, wherever practicable, obtain his signature in the presence of the suspect. Occurrences During Interview The officer must: Identify any additional persons entering the interview room and the reason for their entering (e.g. bringing refreshments); Describe exhibits in sufficient detail to clearly identify the items being referred to, which are usually items of evidence (e.g. "white powder in silver foil", "litre bottle of gin in clear glass with yellow label"); Describe non-verbal signs (e.g. nods, shakes of head, gestures) in as much detail as necessary to avoid confusion; and Introduce other speakers and explain their involvement. If the equipment or tapes become faulty, the officer must: Identify the fault on the tapes that are already in the machine, if possible, or on new ones if not; Seal the master tape if either the tape or the machine is faulty; Reconstruct the substance of the interview on new tapes up to the time that the fault occurred, using whatever notes have been taken or by discussion with the suspect (which must be recorded); and In the event of one tape malfunctioning, fast copy the other tape in the presence of the suspect and an independent witness and seal it as a master tape. Breaks During Interview The officer must: Describe aloud on tape reasons for breaks (e.g. tape changes, refreshments, toilet, medical assistance, operational demands); Ensure that persons entering the room identify themselves and state the reason for the interruption. Seal the master tape if the recording equipment should malfunction, State time, note 'time elapsed' reading and switch off recorder; and Stop tapes.

17 If suspect leaves the room, seal the master tape before the suspect leaves the room, if a long break is to be taken. Eject tapes and seal master tape. Restart interview stating time, tape counter reading and persons present. Caution suspect again in full and if the person does not understand or the officer doubts their understanding, give the simplified caution and then re-check their understanding, offer legal advice if no lawyer present and clarify that no matters relating to the case were discussed during the break. When an interview is restarted after a long break, the officer must: Use new tapes; State who is present and where the interview is taking place; and Re-caution the suspect, and if the person does not understand or the officer doubts their understanding, give the simplified caution and then re-check their understanding. If a short break is taken and the suspect remains in the interview room with an officer, the officer must: Not remove tapes and continue on existing tapes; Restart interview stating time, tape counter reading and persons present. Caution suspect again in full, and if the person does not understand or the officer doubts their understanding, give the simplified caution and then re-check their understanding, offer legal advice if no lawyer present and clarify that no matters relating to the case were discussed during the break. State what happened during the break. If the officer is to take the tapes out of sight of the suspect, they must be removed from the recorder and sealed before the suspect leaves the room. The officer must ensure that nothing relevant to the case is discussed during any break and confirm this when the interview is recommenced.

18 Interviews Note Taking in an Interview There are two categories of notes. They may be taken in an official notebook either by the interviewing officer or by a second officer present at the interview. Great care must be taken to ensure the accuracy of both categories of notes. The two types of notes are as follows: Mandatory For all interviews these must be noted: Time of tape start and finish; Those present; Where the interview was conducted; Requests and provision of refreshments; and Interruptions. It is becoming increasingly necessary for the prosecution to produce, as evidence or unused material, various secondary records, e.g. interview summaries, notebooks, trigger notes, etc. Officers are therefore to take particular care to ensure that these records are accurate and reflect other records of the same events. This may avoid the necessity for defence counsel to crossexamine the officer upon what appears to be a material discrepancy between two recordings in different places of the same event, the object of which may be to cast doubt upon the officer's credibility as a witness, and for the officer to have to explain that the records are compatible, that the discrepancy is apparent rather than real and that it arises only from imprecision in the choice of words or incompleteness. Discretionary These may be noted to assist with either the structure of the interview or the completion of a summary of it: Time, dates, places of significant events; and Other significant replies, e.g. confessions, obvious lies and inconsistencies. Any statements made, including unsolicited comments, made by suspects outside a formal cautioned interview may form important evidence. Officers are to note down any such statements and ask the suspect to sign the notebook confirming the statement made. This also applies to any questions and answers given before a caution is administered. If the suspect refuses to sign an officer's notebook, a senior officer should be asked to verify it instead. If the statements made and noted are considered to be relevant to the case, they are to be put to the suspect during a cautioned interview.

19 If a suspect wishes to provide a witness statement with a view to pleading guilty to an offence or turning Queen's Evidence, that statement should be taken under caution. No inducement should be offered to a suspect in order to obtain such a statement (see Witness statements). It will also help in preparing a summary of the interview if the time elapsed readings shown on the recorder are noted when these events occur.

20 Interviews Interpreters A person must not be interviewed in the absence of a person capable of acting as interpreter if: They have difficulty in understanding English; The interviewing officer cannot speak the person's own language; and The person wishes an interpreter to be present. There may be occasions where any interpreter is requested or needed, but an interview can be conducted without one. (See Exceptions to the Rules of Interviews). The interviewing officer must 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 them being called to give evidence, and certifies its accuracy. The officer must 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 must be given an opportunity to read it or have it read and sign it as correct or to indicate the respects in which it is considered inaccurate. If the interview is tape-recorded the interpreter must be remind that they must be accurate as their interpretation may be challenged. They are to convey precisely the questions asked and the responses given. In the case of a person making a statement in a language other than English: The interpreter must take down the statement including the caution in the language in which it is made; The person making the statement and the interpreter writing it down must be invited to sign it; and An official English translation must be made in due course. If a person is deaf or there is doubt about their hearing or speaking ability, they must not be interviewed in the absence of an interpreter unless they agree in writing to be interviewed without one. An interpreter should also be called if a juvenile is interviewed and the parent or guardian present as the appropriate adult is deaf or there is doubt about their hearing or speaking ability, unless they agree in writing that the interview should proceed without one. ( See Exceptions to the Rules of Interviews). The interviewing officer must ensure that the interpreter is given an opportunity to read the record of the interview (if written) and to certify its accuracy in the event of their being called to give evidence.

21 All reasonable attempts should be made to make clear to a detained person who is deaf or who has genuine difficulty in understanding English that interpreters will be provided free of charge. Where the person concerned cannot communicate with the solicitor, whether because of language or hearing difficulties, an interpreter must be called. The interpreter must not be a HM Revenue & Customs officer when interpretation is needed for the purposes of obtaining legal advice. In all other cases a revenue & customs officer may only interpret if they first obtain the detained person's (or appropriate adult's) agreement in writing or if the interview is tape-recorded on an audiotape. When a person who is deaf or who has genuine difficulty in understanding English is charged with an offence, and the custody officer cannot establish effective communication, arrangements must be made for an interpreter to explain as soon as practicable the offence concerned and any other information given by the custody officer. Action taken to call an interpreter and any agreement to be interviewed in the absence of an interpreter must be recorded. If the interpreter is needed as a prosecution witness at the person's trial, a second interpreter must act as the court interpreter. If the suspect does not speak English or requests an interpreter the interview is to be conducted either: Through an outside interpreter; or By an officer proficient in the suspect's language. (See Exceptions to the Rules of Interviews) (See Juveniles, the mentally disordered and the mentally disabled)

22 Interviews Information Not Relevant to the Offence If the suspect indicates the wish to give information about matters not directly connected with the offence and is unwilling for these matters to be recorded on tape, give the suspect the opportunity to speak about these matters after the conclusion of the formal taped interview. If, during the course of an interview or an investigation, it becomes clear that an offence of interest to the police may have been committed, the officer is to contact the police at the earliest possible opportunity, especially where the situation requires urgent police action and delay would be damaging to the public interest. The officer must not question the suspect about the police offence. If officers are in any doubt, they should contact the Solicitor's Office.

23 Interviews Concluding the Interview At the conclusion of the interview, the officer is to: Ask the suspect if they wish to say or add anything; Hand form C&E 7 (or C&E 7A in civil evasion cases) to the suspect, describing the action for the benefit of the recording; Inform the suspect that the interview has now ended; and State time and switch off recorder. In order to seal the master tape, the officer must: Eject master tape and write up label ENF6; Obtain signatures from those present. If the suspect refuses to sign, then an independent officer of at least Higher Officer is to be called into the interview room and asked to sign instead; Mark the tape with the name of the suspect and tape number; Break off the recording 'lugs' to prevent erasure; Replace the tape in its case; and Apply completed label around the case. The sealing of the master tape must be carried out in the presence of the suspect. Mark the copy tape with the name of the suspect and tape number, and insert into case where the inlay card has been completed with the: Date; Name of the suspect; Tape number; Interviewing officer's name; and Times of the tape start and finish.

24 Interviews Interviewing Away From a Designated Office Officers are to note that following a decision to arrest a suspect and following any appropriate caution (including the simplified version), their subsequent interview about the offence must not take place except at a police station or other authorised place of detention, unless the consequent delay would be likely to: Lead to interference with, or harm to, evidence connected with an offence; Lead to interference with, or physical harm to, other people; Lead to serious loss of, or damage to,property; Lead to alerting other people suspected of committing an offence but not yet arrested for it; or Hinder the recovery of property obtained in consequence of the commission of an offence. Interviewing in any of the above circumstances must cease once the relevant risk has been averted or the necessary questions have been put in order to attempt to avert the risk. (See Interpreters) (See Exceptions to the Rules of Interviews)

25 Interviews Allegations of Misconduct and Complaints If the suspect either alleges misconduct or makes a complaint of sufficiently serious intent against an officer that causes the interview to be broken off, the interviewing officer must: Describe on tape their intention to inform the custody officer (or senior officer if the suspect has not been arrested); Stop the tape; and Seal and dispose of tapes as set out in this guidance. If the suspect either alleges misconduct or makes a complaint against other officials present, the interviewing officer must: Inform the suspect, on tape, that the allegation has been noted; Continue the interview but bring the allegation to the attention of the custody officer (or a senior officer if the suspect is not under arrest) at the earliest opportunity, unless the allegation warrants immediate suspension of the interview; and Confirm the report in writing.

26 Interviews Audio- Tape Security Master tape After the interview has been completed and the master tape has been sealed, the interviewing officer is to follow the following procedure. Is the tape to be stored locally? No - The case officer signs the custody record (printing their name and location in block capitals beneath their signature) and arranges secure storage within their own Region. Yes - Go to next question. Is there a custody officer? No - The tape librarian fulfils the role of the custody officer Yes - The case officer hands the tape to the custody officer who signs the custody record as acknowledgement and arrange secure storage (in a lockable cabinet with ribbed trays). The custody officer maintains a tape movement register. Go to next question. Is the tape needed before a court case? No - Store the tape in a lockable cabinet until it is needed in court. Yes - See either Access to master audio tape (for tapes held by the Department) or Use of police audio tape recording facilities (for access to tapes held by the police). Copy tape The copy tape is to be kept apart from the master tape in a separate secure cabinet. In view of the lengthy procedures involved in gaining access to the master tape if a copy tape malfunctions, consideration is to be given to copying the copy tape and using that as a working copy. The case officer is responsible for the safe keeping of the copy tape when it is not in the cabinet. A register of all movements of tapes (both master and copy) is to be kept. Storage/logging system Regions are responsible for deciding which tape storage/logging system they prefer and ordering it.

27 Interviews Advice to the Solicitor's Office If the evidence in the case is considered sufficient to warrant proceedings, the case officer is to send the case papers to the Solicitor's Office, though a copy of the interview tapes are not normally send at this stage as a summary of the interview will suffice. If the case officer considers that the Solicitor's Office should have early access to a tape because, for example, serious allegations were made during the interview or because it may have evidential value by reason of the tone of the replies, include a copy of the tape with the papers together with a note drawing attention to the reason for its inclusion. For convenience indicate the relevant passage on the tape by reference to the 'time into tape' reading. Summary of the interview If the case is considered appropriate for prosecution, a summary of the taped interview should be prepared. Other staff may carry out the preparation of the summary but it is the case officer's responsibility for the accuracy of the summary that is signed. The summary should be a separate document to the witness statement. It will be exhibited and should therefore be signed. The purpose of the summary is to enable the prosecutor to: Make informed decisions on the case on the basis of what was said in the interview; Comply with the rules of advance disclosure; and Use it to conduct the case in court, where the defence has accepted it. Preparation of the summary Prepare the summary from any notes taken during the interview and from listening to the working copy tape. It must incorporate any significant evidential points and must also be accurate. The length of summary will depend upon the case: Guilty pleas or admissions require only a brief summary with admissions quoted; Contested cases (or cases likely to be contested) require a longer more substantial summary with greater detail of evidential points relevant to the case; and Complicated cases may require a full transcription, in which case the advice of the Solicitor's Office must be sought. Content of the summary The summary must be: Selective; Fair and balanced;

28 Confined to an account of those parts of the interview which is considered directly relevant in evidential terms (both to the prosecution and the defence) to the matters which will be before the court; and Reflected in the evidence that will be given in court. Further statements If the defence request the introduction of material omitted from the original statement then the Solicitor's Office will advise that a further statement is required.

29 Interviews Interpreter's witness statement When an interview has been conducted through an interpreter, an interpreter is responsible for producing any transcript. An independent interpreter to the one used in interview should be used. The case officer must produce the summary of the interview. Both the case officer and the interpreter will have access to the statement in court.

30 Interviews Transcription Transcription is highly expensive. The case officer is to consider a full transcription only in major cases where the following occurs (and only then if there is a clear need for it): Where the tape contains material that is needed for purposes other than the criminal proceedings in hand. The case officer may make a transcript for the purposes of following up wider criminal investigations. If such a transcription is considered necessary seek the agreement of an officer of at least Senior Officer for the tape(s) to be referred to the case lawyer to authorise transcription; or Where there is a dispute as to the content or admissibility of the evidence of an interview to be given by an officer. The case lawyer will consider whether the preparation of a transcript of all or part of the interview will resolve matters. However, where any dispute between the defence and prosecution has been settled in advance of the trial, a transcript will not normally be required. When the case lawyer has given approval for a transcript, the case officer should arrange for the tapes to be transcribed. They should follow the text and translation procedures set out within The Hub. This cost is borne by HMRC.

31 Interviews Accuracy of the transcript Transcripts produced by experienced transcribers may still contain inaccuracies. The case officer is responsible for ensuring the accuracy of any transcription against the tape and it is best practice for one of the two interviewing officers to check the transcription against the tape and then, if correct, produce it as evidence in court. Changes to a transcript may only be made if a copy is in the possession of both parties and the other party agrees to the change, unless the transcript has been obtained after committal and is therefore yet to be produced as evidence. In such a case the transcript may be altered without consultation. Where there remains a doubt about the accuracy of a transcript and it cannot be resolved before the case comes to trial, the normal rules as to the burden of proof will apply and in most cases the matter would be resolved by playing the tape in court.

32 Interviews Access to Audiotapes Master tapes In order to gain access to the master tape, the case officer must: Apply, in writing, to the case lawyer and give reasons why access to the tape is required; Inform the defence of the intention to seek the permission of the court to gain access to the tape (subject to the Solicitor's Office's agreement); Write to the court requesting access to the tape; and Inform the defence, in writing, once the court has granted permission. Breakage of the seal and resealing must be conducted at official premises in the presence of an officer of at least Grade 7 and a representative from the Solicitor's Office (for Northern Ireland, the legal representative must be a barrister or a solicitor employed or instructed by the Director of Public Prosecutions). The defence also have the right to be present. If the tape has been used in committal proceedings, the case officer is to reseal for later production in court. The court clerk, if present, will sign the label when the tape is resealed. The tape is to be returned to the secure cabinet and a record in the register made that the tape has been unsealed. Right of access by the defence Defendants' lawyers and non-represented defendants have the right of access to the taped interview that will be exhibited in evidence. Defence lawyers may not always wish to take advantage of the right of access or listen to whole tapes. It is essential however that they are informed at an early stage of the existence of a tape recording of an interview with their client. For the defence and prosecution to reach any effective agreement before the trial, it will be necessary for the defence lawyer to receive or be shown a copy of the officer's statement of evidence. In cases to be heard in magistrates' courts, formal arrangements exist for the advance disclosure of the prosecution case, and the disclosure of the officer's statement assists the defence lawyer in deciding whether to listen to the tape. A note explaining how the defence lawyer can get access to the tape is to be attached to any statement that produces a tape. The note is to state the following:

33 [Name of defendant] [Reference] The enclosed copy of a statement of evidence by [insert name] indicates that an interview with your above named client was tape recorded. This statement reflects those parts of the interview that the prosecution considers to be evidentially relevant and which the officer is likely to give as evidence in chief. Should you consider that the statement is an insufficient basis on which to advise your client you may have a copy of the full tape recording. This may be obtained by application to this office quoting reference number [insert number]. If the service of a statement is not practicable, the case officer is to ensure that (where the defendant is known to be legally represented) the lawyer is informed by letter of the existence of the taped interview. If the defence asks for a copy of the tape it may be supplied, however the Solicitor's Office must be advised immediately that this has been done. Defendants not legally represented Where an application for a copy of the tape is received from a defendant on bail who is not legally represented, the Solicitor's Office will send the copy by post to the defendant at the address given on the application. Where the defendant is in custody and applies for a copy, the tape is to be sent by post via the prison establishment governor. If a request for a copy of the tape is made at the time of the interview then the request may be complied with locally.

34 Interviews Editing of audio tapes If the tape of an interview contains material that the Solicitor's Office advise is inadmissible or likely to be treated as such, it will be necessary to ensure that these passages are not played in court. If the tape is likely to be played, then before the case is heard the defence and prosecution are to determine if such passages containing the inadmissible material can be omitted simply by fast-forwarding the master tape when it is played in court. If this is not possible then an edited tape has to be prepared with the agreement of the two parties concerned. Prepare the edited tape from a working copy by recording over or erasing such passages. If material contained in a tape is considered so sensitive (for security or investigative reasons) that it would not be in the public interest for it to be disclosed to the defence, the case officer is to bring those tapes or parts of tapes to the attention of an officer of at least Grade 7 for agreement to refer the matter to the Solicitor's Office to consider whether the tapes are to be edited before they are supplied to the defence.

35 Interviews Court procedures The witness statement prepared by the officer will introduce (as evidence) the tape- recorded interview and produce the master tape of the interview as an exhibit. The court is also to be informed of any official transcript that has been made: this will also be produced in court. When giving evidence, the officer will be allowed access to the summary statement and will "speak to it" in the witness box. Although a tape recording is available for general evidential purposes it will normally only be necessary for it to be played in court either to resolve doubt in the absence of a transcript or to resolve any dispute about the accuracy of a transcript. The tape may be played in court if there is a challenge as to the admissibility of the officer's evidence of the interview. If, for this or any other reason, the tape is required to be played it will be the case officer's responsibility to arrange for it to be played on the equipment provided by the court. It will be normal procedure for the master tape (which is to be opened in court) to be played, unless the recording has had to be edited, in which case the edited tape will be played.

36 Interviews Disposal of Audiotapes Master tapes are to be retained in line with the Enforcement Record Retention & Disposal Policy for all prosecution material. Master tapes cannot be reused, though working copies can be cleaned and used again for copying. Dispose of tapes by local or Queen's Warehouse incineration.

37 Interviews Use of Police Audiotape Recording Facilities Although Regional offices are currently in the process of setting up their own facilities, Regions will ultimately have to liaise with local police forces to establish arrangements that fit in with local police procedure, therefore this section can only be treated as a guide. The police will normally supply blank tapes, but some police forces may prefer officers to supply their own. Whenever possible the case officer is to keep the master tape in the control of the Department. Some police forces will allow officers to take master tapes away with them, in which case the tape security procedure set out above are to be followed. Some police forces, however, may not permit the removal of master tapes (police custody sergeants are instructed by some police forces to retain all master tapes). In these circumstances, case officers are to follow police master tape procedures, and are to make a copy of the copy tape to use as the working tape. The copy tape then assumes the status of a Departmentally held master tape (though, legally speaking, it is not a master tape) and is to be dealt with using the same security procedures. Should access to the master tape held by the police be necessary, the procedure below is to be followed: Apply, in writing, to the case lawyer and give reasons why access to the tape is required; Inform the defence of the intention to seek the permission of the court to gain access to the tape (subject to the Solicitor's Office's agreement); Write to the court requesting access to the tape; Inform the defence, in writing, once permission has been granted by the court; and Apply in writing to the chief police officer of the police station concerned. Breakage of the seal and resealing must be conducted on police premises in the presence of an officer of at least Grade 7, a police officer and a representative from the Solicitor's Office (for Northern Ireland, the legal representative must be a barrister or a solicitor employed or instructed by the Director of Public Prosecutions). The defence also have the right to be present. The police will ask the defence (or in the absence of the defence, the legal representative) to sign the resealing label. If the tape has been used in committal proceedings, the officer is to reseal for later production in court. The court clerk, if present, will sign the label when it is resealed. The tape is to be returned to the police officer who will replace it in the secure cabinet and record in the register that the tape has been unsealed.