|Tape recording of interviews with officers.|
|Tape recorded interviews under the criminal caution must be conducted in accordance with the Codes of Practice on 'The Tape Recording of Police Interviews with Suspects at Police Stations'. |
The Home Office Guidance on Codes of Practice states:
'There is no requirement in the Codes of Practice to tape record an interview with a police officer against whom a complaint has been made of behaviour which does not amount to an allegation of a Criminal Offence which is indictable or triable either way.' There are a number of allegations which may lead to Criminal and/or Misconduct proceedings; for example an allegation of assault, where an interview for a possible criminal offence has been tape-recorded. The tape recording will be admissible in a Misconduct hearing relating to the same matter.
The Police Federation offers the following advice where Misconduct or Criminal/Misconduct interview is tape-recorded.
1. In pure Misconduct interviews, the choice to tape the interview is that of the accused officer. However, note should be taken of the guidance set out in paragraph 3.23.
2. The interview shall be conducted in accordance with the Codes of Practice issued by the Secretary of State under Section 60 of the Police and Criminal Evidence Act 1984.
3. The interview should take place in a room other than in a custody suite.
4. Should the accused officer be charged with Misconduct Matters, no charge shall be levied for the supply of the taped record of the interview(s) to a friend or legal representative.
|Category: MISCONDUCT, |