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+F
+
+POLICE AND CRIMINAL EVIDENCE ACT (PACE)
+CODE F
+REVISED
+CODE OF PRACTICE ON VISUAL RECORDING WITH SOUND
+OF INTERVIEWS WITH SUSPECTS
+Commencement - Transitional Arrangements
+The contents of this Code should be considered if an interviewer decides to make a visual
+recording with sound of an interview with a suspect after 00.00 on 27 October 2013
+There is no statutory requirement under PACE to visually record interviews
+Pace Code F Text.indd 1 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+Contents
+General ........................................................................................................................... 3
+Notes for Guidance ......................................................................................................... 4
+. Recording and sealing of master recordings ............................................................. 4
+Notes for Guidance ......................................................................................................... 5
+Interviews to be visually recorded .............................................................................. 5
+Notes for Guidance ......................................................................................................... 6
+The Interview ................................................................................................................. 6
+(a) General ................................................................................................................... 6
+(b) Commencement of interviews ................................................................................ 7
+(c) Interviews with suspects who appear to require an interpreter .............................. 7
+(d) Objections and complaints by the suspect ............................................................. 7
+(e) Changing the recording media ............................................................................... 8
+(f) Taking a break during the interview ........................................................................ 8
+(g) Failure of recording equipment ............................................................................... 8
+(h) Removing used recording media from recording equipment .................................. 9
+(i) Conclusion of interview ........................................................................................... 9
+Notes for Guidance ......................................................................................................... 9
+After the Interview ....................................................................................................... 10
+Note for Guidance ......................................................................................................... 10
+Master Recording Security ........................................................................................ 10
+(a) General ................................................................................................................. 10
+(b) Breaking master recording seal for criminal proceedings ..................................... 10
+(c) Breaking master recording seal: other cases ....................................................... 11
+(d) Documentation ..................................................................................................... 11
+Notes for Guidance ....................................................................................................... 11
+Visual Recording of Interviews by Secure Digital Network .................................... 12
+Codes of Practice – Code F Visual recording interviews with suspects
+
+General
+.0 The procedures in this Code must be used fairly, responsibly, with respect for the
+people to whom they apply and without unlawful discrimination. Under the Equality Act
+, section 149, when police officers are carrying out their functions, they also have
+a duty to have due regard to the need to eliminate unlawful discrimination, harassment
+and victimisation, to advance equality of opportunity between people who share a
+relevant protected characteristic and people who do not share it, and to take steps to
+foster good relations between those persons. See Note 1C.
+.1 This code of practice must be readily available for consultation by police officers and
+other police staff, detained persons and members of the public.
+.2 The Notes for Guidance included are not provisions of this code. They form guidance
+to police officers and others about its application and interpretation.
+.3 Nothing in this code shall be taken as detracting in any way from the requirements of
+the Code of Practice for the Detention, Treatment and Questioning of Persons by
+Police Officers (Code C). (See Note 1A.)
+.4 The interviews to which this Code applies are described in section 3.
+.5 In this code, the term “appropriate adult”, “solicitor” and “interview” have the same
+meaning as those set out in Code C and in the case of a 17 year old suspect,
+“appropriate adult” includes the person called to fulfil that role in accordance with C
+paragraph 1.5A of Code C.. The corresponding provisions and Notes for Guidance in
+Code C applicable to those terms shall also apply where appropriate.
+.5A The visual recording of interviews shall be carried out openly to instil confidence in its
+reliability as an impartial and accurate record of the interview.
+.6 Any reference in this code to visual recording shall be taken to mean visual recording
+with sound and in this code:
+(aa) „recording media‟ means any removable, physical audio recording medium (such
+as magnetic tape, optical disc or solid state memory) which can be played and
+copied.
+(a) „designated person‟ means a person other than a police officer, designated under
+the Police Reform Act 2002, Part 4 who has specified powers and duties of police
+officers conferred or imposed on them;
+(b) any reference to a police officer includes a designated person acting in the
+exercise or performance of the powers and duties conferred or imposed on them
+by their designation.
+(c) „secure digital network‟ is a computer network system which enables an original
+interview recording to be stored as a digital multi media file or a series of such
+files, on a secure file server which is accredited by the National Accreditor for
+Police Information Systems in accordance with the UK Government Protective
+Marking Scheme. See paragraph 1.6A and section 7 of this Code.
+.6A Section 7 below sets out the provisions which apply to interviews visually recorded
+using a secure digital network by reference to Code E and by excluding provisions of
+sections 1 to 6 of this Code which relate or apply only to removable media.
+.7 References to “pocket book” in this Code include any official report book issued to
+police officers.
+Pace Code F Text.indd 2 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+Contents
+General ........................................................................................................................... 3
+Notes for Guidance ......................................................................................................... 4
+. Recording and sealing of master recordings ............................................................. 4
+Notes for Guidance ......................................................................................................... 5
+Interviews to be visually recorded .............................................................................. 5
+Notes for Guidance ......................................................................................................... 6
+The Interview ................................................................................................................. 6
+(a) General ................................................................................................................... 6
+(b) Commencement of interviews ................................................................................ 7
+(c) Interviews with suspects who appear to require an interpreter .............................. 7
+(d) Objections and complaints by the suspect ............................................................. 7
+(e) Changing the recording media ............................................................................... 8
+(f) Taking a break during the interview ........................................................................ 8
+(g) Failure of recording equipment ............................................................................... 8
+(h) Removing used recording media from recording equipment .................................. 9
+(i) Conclusion of interview ........................................................................................... 9
+Notes for Guidance ......................................................................................................... 9
+After the Interview ....................................................................................................... 10
+Note for Guidance ......................................................................................................... 10
+Master Recording Security ........................................................................................ 10
+(a) General ................................................................................................................. 10
+(b) Breaking master recording seal for criminal proceedings ..................................... 10
+(c) Breaking master recording seal: other cases ....................................................... 11
+(d) Documentation ..................................................................................................... 11
+Notes for Guidance ....................................................................................................... 11
+Visual Recording of Interviews by Secure Digital Network .................................... 12
+Codes of Practice – Code F Visual recording interviews with suspects
+
+General
+.0 The procedures in this Code must be used fairly, responsibly, with respect for the
+people to whom they apply and without unlawful discrimination. Under the Equality Act
+, section 149, when police officers are carrying out their functions, they also have
+a duty to have due regard to the need to eliminate unlawful discrimination, harassment
+and victimisation, to advance equality of opportunity between people who share a
+relevant protected characteristic and people who do not share it, and to take steps to
+foster good relations between those persons. See Note 1C.
+.1 This code of practice must be readily available for consultation by police officers and
+other police staff, detained persons and members of the public.
+.2 The Notes for Guidance included are not provisions of this code. They form guidance
+to police officers and others about its application and interpretation.
+.3 Nothing in this code shall be taken as detracting in any way from the requirements of
+the Code of Practice for the Detention, Treatment and Questioning of Persons by
+Police Officers (Code C). (See Note 1A.)
+.4 The interviews to which this Code applies are described in section 3.
+.5 In this code, the term “appropriate adult”, “solicitor” and “interview” have the same
+meaning as those set out in Code C and in the case of a 17 year old suspect,
+“appropriate adult” includes the person called to fulfil that role in accordance with C
+paragraph 1.5A of Code C.. The corresponding provisions and Notes for Guidance in
+Code C applicable to those terms shall also apply where appropriate.
+.5A The visual recording of interviews shall be carried out openly to instil confidence in its
+reliability as an impartial and accurate record of the interview.
+.6 Any reference in this code to visual recording shall be taken to mean visual recording
+with sound and in this code:
+(aa) „recording media‟ means any removable, physical audio recording medium (such
+as magnetic tape, optical disc or solid state memory) which can be played and
+copied.
+(a) „designated person‟ means a person other than a police officer, designated under
+the Police Reform Act 2002, Part 4 who has specified powers and duties of police
+officers conferred or imposed on them;
+(b) any reference to a police officer includes a designated person acting in the
+exercise or performance of the powers and duties conferred or imposed on them
+by their designation.
+(c) „secure digital network‟ is a computer network system which enables an original
+interview recording to be stored as a digital multi media file or a series of such
+files, on a secure file server which is accredited by the National Accreditor for
+Police Information Systems in accordance with the UK Government Protective
+Marking Scheme. See paragraph 1.6A and section 7 of this Code.
+.6A Section 7 below sets out the provisions which apply to interviews visually recorded
+using a secure digital network by reference to Code E and by excluding provisions of
+sections 1 to 6 of this Code which relate or apply only to removable media.
+.7 References to “pocket book” in this Code include any official report book issued to
+police officers.
+Pace Code F Text.indd 3 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.8 In the application of this Code to the conduct and visual recording of an interview of a
+suspect who has not been arrested:
+(a) references to the „custody officer‟ include references to an officer of the rank of
+sergeant or above who is not directly involved in the investigation of the
+offence(s);
+(b) if the interview takes place elsewhere than at a police station, references to
+„interview room‟ include any place or location which the interviewer is satisfied will
+enable the interview to be conducted and recorded in accordance with this Code
+and where the suspect is present voluntarily (see Note 1B); and
+(c) provisions in addition to those which expressly apply to these interviews shall be
+followed insofar as they are relevant and can be applied in practice.
+Notes for Guidance
+A As in paragraph 1.9 of Code C, references to custody officers include those carrying
+out the functions of a custody officer.
+B An interviewer who is not sure, or has any doubt, about the suitability of a place or
+location of an interview to be carried out elsewhere than at a police station, should
+consult an officer of the rank of sergeant or above for advice.
+C In paragraph 1.0, ‘relevant protected characteristic’ includes: age, disability, gender
+reassignment, pregnancy and maternity, race, religion/belief, sex and sexual
+orientation.
+. Recording and sealing of master recordings
+.1 Not used.
+.2 The camera(s) shall be placed in the interview room so as to ensure coverage of as
+much of the room as is practicably possible whilst the interviews are taking place.
+(See Note 2A.)
+.3 When the recording medium is placed in the recorder and it is switched on to record,
+the correct date and time, in hours, minutes and seconds, will be superimposed
+automatically, second by second, during the whole recording, see Note 2B. See
+section 7 regarding the use of a secure digital network to record the interview.
+.4 One recording, referred to in this code as the master recording copy, will be sealed
+before it leaves the presence of the suspect. A second recording will be used as a
+working copy. (See Notes 2C and 2D.)
+.5 Nothing in this code requires the identity of an officer or police staff to be recorded or
+disclosed:
+(a) Not used.
+(b) if the interviewer reasonably believes that recording or disclosing their name
+might put them in danger.
+In these cases, the interviewer will have their back to the camera and shall use their
+warrant or other identification number and the name of the police station to which they
+are attached. Such instances and the reasons for them shall be recorded in the
+custody record or the interviewer‟s pocket book. (See Note 2E.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+Notes for Guidance
+A Interviewers will wish to arrange that, as far as possible, visual recording
+arrangements are unobtrusive. It must be clear to the suspect, however, that there is
+no opportunity to interfere with the recording equipment or the recording media.
+B In this context, the recording medium should be capable of having an image of the
+date and time superimposed as the interview is recorded.
+C The purpose of sealing the master recording before it leaves the presence of the
+suspect is to establish their confidence that the integrity of the recording is preserved.
+D The visual recording of the interview may be used for identification procedures in
+accordance with paragraph 3.21 or Annex E of Code D.
+E The purpose of the paragraph 2.5(b) is to protect police officers and others involved in
+the investigation of serious organised crime or the arrest of particularly violent
+suspects when there is reliable information that those arrested or their associates may
+threaten or cause harm to the officers, their families or their personal property. In
+cases of doubt, an officer of inspector rank should be consulted.
+Interviews to be visually recorded
+.1 Subject to paragraph 3.2 below, when an interviewer is deciding whether to make a
+visual recording, these are the areas where it might be appropriate:
+(a) with a suspect in respect of an indictable offence (including an offence triable
+either way) (see Notes 3A and 3B);
+(b) which takes place as a result of an interviewer exceptionally putting further
+questions to a suspect about an offence described in sub-paragraph (a) above
+after they have been charged with, or informed they may be prosecuted for, that
+offence (see Note 3C);
+(c) in which an interviewer wishes to bring to the notice of a person, after that person
+has been charged with, or informed they may be prosecuted for an offence
+described in sub-paragraph (a) above, any written statement made by another
+person, or the content of an interview with another person (see Note 3D);
+(d) with, or in the presence of, a deaf or deaf/blind or speech impaired person who
+uses sign language to communicate;
+(e) with, or in the presence of anyone who requires an appropriate adult, or
+(f) in any case where the suspect or their representative requests that the interview
+be recorded visually.
+.2 The Terrorism Act 2000 and the Counter-Terrorism Act 2008 make separate
+provisions for a Code of Practice for the video recording with sound of:
+ interviews of persons detained under section 41 of, or Schedule 7 to, the 2000
+Act; and
+ post-charge questioning of persons authorised under section 22 or 23 of the 2008
+Act.
+The provisions of this code do not therefore apply to such interviews. (See Note 3E.)
+Pace Code F Text.indd 4 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.8 In the application of this Code to the conduct and visual recording of an interview of a
+suspect who has not been arrested:
+(a) references to the „custody officer‟ include references to an officer of the rank of
+sergeant or above who is not directly involved in the investigation of the
+offence(s);
+(b) if the interview takes place elsewhere than at a police station, references to
+„interview room‟ include any place or location which the interviewer is satisfied will
+enable the interview to be conducted and recorded in accordance with this Code
+and where the suspect is present voluntarily (see Note 1B); and
+(c) provisions in addition to those which expressly apply to these interviews shall be
+followed insofar as they are relevant and can be applied in practice.
+Notes for Guidance
+A As in paragraph 1.9 of Code C, references to custody officers include those carrying
+out the functions of a custody officer.
+B An interviewer who is not sure, or has any doubt, about the suitability of a place or
+location of an interview to be carried out elsewhere than at a police station, should
+consult an officer of the rank of sergeant or above for advice.
+C In paragraph 1.0, ‘relevant protected characteristic’ includes: age, disability, gender
+reassignment, pregnancy and maternity, race, religion/belief, sex and sexual
+orientation.
+. Recording and sealing of master recordings
+.1 Not used.
+.2 The camera(s) shall be placed in the interview room so as to ensure coverage of as
+much of the room as is practicably possible whilst the interviews are taking place.
+(See Note 2A.)
+.3 When the recording medium is placed in the recorder and it is switched on to record,
+the correct date and time, in hours, minutes and seconds, will be superimposed
+automatically, second by second, during the whole recording, see Note 2B. See
+section 7 regarding the use of a secure digital network to record the interview.
+.4 One recording, referred to in this code as the master recording copy, will be sealed
+before it leaves the presence of the suspect. A second recording will be used as a
+working copy. (See Notes 2C and 2D.)
+.5 Nothing in this code requires the identity of an officer or police staff to be recorded or
+disclosed:
+(a) Not used.
+(b) if the interviewer reasonably believes that recording or disclosing their name
+might put them in danger.
+In these cases, the interviewer will have their back to the camera and shall use their
+warrant or other identification number and the name of the police station to which they
+are attached. Such instances and the reasons for them shall be recorded in the
+custody record or the interviewer‟s pocket book. (See Note 2E.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+Notes for Guidance
+A Interviewers will wish to arrange that, as far as possible, visual recording
+arrangements are unobtrusive. It must be clear to the suspect, however, that there is
+no opportunity to interfere with the recording equipment or the recording media.
+B In this context, the recording medium should be capable of having an image of the
+date and time superimposed as the interview is recorded.
+C The purpose of sealing the master recording before it leaves the presence of the
+suspect is to establish their confidence that the integrity of the recording is preserved.
+D The visual recording of the interview may be used for identification procedures in
+accordance with paragraph 3.21 or Annex E of Code D.
+E The purpose of the paragraph 2.5(b) is to protect police officers and others involved in
+the investigation of serious organised crime or the arrest of particularly violent
+suspects when there is reliable information that those arrested or their associates may
+threaten or cause harm to the officers, their families or their personal property. In
+cases of doubt, an officer of inspector rank should be consulted.
+Interviews to be visually recorded
+.1 Subject to paragraph 3.2 below, when an interviewer is deciding whether to make a
+visual recording, these are the areas where it might be appropriate:
+(a) with a suspect in respect of an indictable offence (including an offence triable
+either way) (see Notes 3A and 3B);
+(b) which takes place as a result of an interviewer exceptionally putting further
+questions to a suspect about an offence described in sub-paragraph (a) above
+after they have been charged with, or informed they may be prosecuted for, that
+offence (see Note 3C);
+(c) in which an interviewer wishes to bring to the notice of a person, after that person
+has been charged with, or informed they may be prosecuted for an offence
+described in sub-paragraph (a) above, any written statement made by another
+person, or the content of an interview with another person (see Note 3D);
+(d) with, or in the presence of, a deaf or deaf/blind or speech impaired person who
+uses sign language to communicate;
+(e) with, or in the presence of anyone who requires an appropriate adult, or
+(f) in any case where the suspect or their representative requests that the interview
+be recorded visually.
+.2 The Terrorism Act 2000 and the Counter-Terrorism Act 2008 make separate
+provisions for a Code of Practice for the video recording with sound of:
+ interviews of persons detained under section 41 of, or Schedule 7 to, the 2000
+Act; and
+ post-charge questioning of persons authorised under section 22 or 23 of the 2008
+Act.
+The provisions of this code do not therefore apply to such interviews. (See Note 3E.)
+Pace Code F Text.indd 5 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.3 Following a decision by an interviewer to visually record any interview mentioned in
+paragraph 3.1 above, the custody officer in the case of a detained person, or a
+sergeant in the case of a suspect who has not been arrested, may authorise the
+interviewer not to make a visual record and for the purpose of this Code (F), the
+provisions of Code E paragraphs 3.1, 3.2, 3.3, 3.3A and 3.4 shall apply as appropriate.
+However, authority not to make a visual recording does not detract in any way from the
+requirement for audio recording. This would require a further authorisation not to
+make in accordance with Code E. (See Note 3F.)
+.5 The whole of each interview shall be recorded visually, including the taking and
+reading back of any statement.
+.6 A sign or indicator which is visible to the suspect must show when the visual recording
+equipment is recording.
+Notes for Guidance
+A Nothing in the code is intended to preclude visual recording at police discretion of
+interviews at police stations or elsewhere with people cautioned in respect of offences
+not covered by paragraph 3.1, or responses made by persons after they have been
+charged with, or informed they may be prosecuted for, an offence, provided that this
+code is complied with.
+B Attention is drawn to the provisions set out in Code C about the matters to be
+considered when deciding whether a detained person is fit to be interviewed.
+C Code C sets out the circumstances in which a suspect may be questioned about an
+offence after being charged with it.
+D Code C sets out the procedures to be followed when a person’s attention is drawn
+after charge, to a statement made by another person. One method of bringing the
+content of an interview with another person to the notice of a suspect may be to play
+them a recording of that interview.
+E If, during the course of an interview under this Code, it becomes apparent that the
+interview should be conducted under the terrorism code for the video recording with
+sound of interviews, the interview should only continue in accordance with that code.
+F A decision not to record an interview visually for any reason may be the subject of
+comment in court. The authorising officer should therefore be prepared to justify their
+decision in each case.
+The Interview
+(a) General
+.1 The provisions of Code C in relation to cautions and interviews and the Notes for
+Guidance applicable to those provisions shall apply to the conduct of interviews to
+which this Code applies.
+.2 Particular attention is drawn to those parts of Code C that describe the restrictions on
+drawing adverse inferences from an arrested suspect‟s failure or refusal to say
+anything about their involvement in the offence when interviewed, or after being
+charged or informed they may be prosecuted and how those restrictions affect the
+terms of the caution and determine whether a special warning under Sections 36 and
+of the Criminal Justice and Public Order Act 1994 can be given.
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(b) Commencement of interviews
+.3 When the suspect is brought into the interview room the interviewer shall without
+delay, but in sight of the suspect, load the recording equipment and set it to record.
+The recording media must be unwrapped or otherwise opened in the presence of the
+suspect. (See Note 4A.)
+.4 The interviewer shall then tell the suspect formally about the visual recording and point
+out the sign or indicator which shows that the recording equipment is activated and
+recording (see paragraph 3.6). The interviewer shall:
+(a) explain that the interview is being visually recorded;
+(b) subject to paragraph 2.5, give their name and rank, and that of any other
+interviewer present;
+(c) ask the suspect and any other party present (e.g. the appropriate adult, a
+solicitor or interpreter) to identify themselves;
+(d) state the date, time of commencement and place of the interview, and
+(e) state that the suspect will be given a notice about what will happen to the
+recording.
+See Note 4AA
+.4A Any person entering the interview room after the interview has commenced shall be
+invited by the interviewer to identify themselves for the purpose of the recording and
+state the reason why they have entered the interview room.
+.5 The interviewer shall then caution the suspect, see Code C, section 10 and:
+ if they are detained, remind them of their entitlement to free legal advice, see
+Code C paragraph 11.2, or
+ if they are not detained under arrest, explain this and their entitlement to free legal
+advice, see Code C paragraph 3.21.
+.6 The interviewer shall then put to the suspect any significant statement or silence, see
+Code C, paragraph 11.4.
+(c) Interviews with suspects who appear to require an interpreter
+.7 The provisions of Code C on interpreters for suspects who do not appear to speak or
+understand English, or who appear to have a hearing or speech impediment, continue
+to apply.
+(d) Objections and complaints by the suspect
+.8 If the suspect or an appropriate adult on their behalf, objects to the interview being
+visually recorded either at the outset or during the interview or during a break in the
+interview, the interviewer shall explain that the interview is being visually recorded and
+that this Code requires that the objections to be recorded on the visual recording.
+When any objections have been recorded or the suspect or the appropriate adult have
+refused to have their objections recorded, the interviewer shall say that they are
+turning off the visual recording, give their reasons and turn it off. If a separate audio
+recording is being maintained, the interviewer shall ask the person to record the
+reasons for refusing to agree to the interview being visually recorded. Paragraph 4.8
+of Code E will apply if the person also objects to the interview being audio recorded. If
+the interviewer reasonably considers they may proceed to question the suspect with
+the visual recording still on, the interviewer may do so. (See Note 4G.)
+Pace Code F Text.indd 6 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.3 Following a decision by an interviewer to visually record any interview mentioned in
+paragraph 3.1 above, the custody officer in the case of a detained person, or a
+sergeant in the case of a suspect who has not been arrested, may authorise the
+interviewer not to make a visual record and for the purpose of this Code (F), the
+provisions of Code E paragraphs 3.1, 3.2, 3.3, 3.3A and 3.4 shall apply as appropriate.
+However, authority not to make a visual recording does not detract in any way from the
+requirement for audio recording. This would require a further authorisation not to
+make in accordance with Code E. (See Note 3F.)
+.5 The whole of each interview shall be recorded visually, including the taking and
+reading back of any statement.
+.6 A sign or indicator which is visible to the suspect must show when the visual recording
+equipment is recording.
+Notes for Guidance
+A Nothing in the code is intended to preclude visual recording at police discretion of
+interviews at police stations or elsewhere with people cautioned in respect of offences
+not covered by paragraph 3.1, or responses made by persons after they have been
+charged with, or informed they may be prosecuted for, an offence, provided that this
+code is complied with.
+B Attention is drawn to the provisions set out in Code C about the matters to be
+considered when deciding whether a detained person is fit to be interviewed.
+C Code C sets out the circumstances in which a suspect may be questioned about an
+offence after being charged with it.
+D Code C sets out the procedures to be followed when a person’s attention is drawn
+after charge, to a statement made by another person. One method of bringing the
+content of an interview with another person to the notice of a suspect may be to play
+them a recording of that interview.
+E If, during the course of an interview under this Code, it becomes apparent that the
+interview should be conducted under the terrorism code for the video recording with
+sound of interviews, the interview should only continue in accordance with that code.
+F A decision not to record an interview visually for any reason may be the subject of
+comment in court. The authorising officer should therefore be prepared to justify their
+decision in each case.
+The Interview
+(a) General
+.1 The provisions of Code C in relation to cautions and interviews and the Notes for
+Guidance applicable to those provisions shall apply to the conduct of interviews to
+which this Code applies.
+.2 Particular attention is drawn to those parts of Code C that describe the restrictions on
+drawing adverse inferences from an arrested suspect‟s failure or refusal to say
+anything about their involvement in the offence when interviewed, or after being
+charged or informed they may be prosecuted and how those restrictions affect the
+terms of the caution and determine whether a special warning under Sections 36 and
+of the Criminal Justice and Public Order Act 1994 can be given.
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(b) Commencement of interviews
+.3 When the suspect is brought into the interview room the interviewer shall without
+delay, but in sight of the suspect, load the recording equipment and set it to record.
+The recording media must be unwrapped or otherwise opened in the presence of the
+suspect. (See Note 4A.)
+.4 The interviewer shall then tell the suspect formally about the visual recording and point
+out the sign or indicator which shows that the recording equipment is activated and
+recording (see paragraph 3.6). The interviewer shall:
+(a) explain that the interview is being visually recorded;
+(b) subject to paragraph 2.5, give their name and rank, and that of any other
+interviewer present;
+(c) ask the suspect and any other party present (e.g. the appropriate adult, a
+solicitor or interpreter) to identify themselves;
+(d) state the date, time of commencement and place of the interview, and
+(e) state that the suspect will be given a notice about what will happen to the
+recording.
+See Note 4AA
+.4A Any person entering the interview room after the interview has commenced shall be
+invited by the interviewer to identify themselves for the purpose of the recording and
+state the reason why they have entered the interview room.
+.5 The interviewer shall then caution the suspect, see Code C, section 10 and:
+ if they are detained, remind them of their entitlement to free legal advice, see
+Code C paragraph 11.2, or
+ if they are not detained under arrest, explain this and their entitlement to free legal
+advice, see Code C paragraph 3.21.
+.6 The interviewer shall then put to the suspect any significant statement or silence, see
+Code C, paragraph 11.4.
+(c) Interviews with suspects who appear to require an interpreter
+.7 The provisions of Code C on interpreters for suspects who do not appear to speak or
+understand English, or who appear to have a hearing or speech impediment, continue
+to apply.
+(d) Objections and complaints by the suspect
+.8 If the suspect or an appropriate adult on their behalf, objects to the interview being
+visually recorded either at the outset or during the interview or during a break in the
+interview, the interviewer shall explain that the interview is being visually recorded and
+that this Code requires that the objections to be recorded on the visual recording.
+When any objections have been recorded or the suspect or the appropriate adult have
+refused to have their objections recorded, the interviewer shall say that they are
+turning off the visual recording, give their reasons and turn it off. If a separate audio
+recording is being maintained, the interviewer shall ask the person to record the
+reasons for refusing to agree to the interview being visually recorded. Paragraph 4.8
+of Code E will apply if the person also objects to the interview being audio recorded. If
+the interviewer reasonably considers they may proceed to question the suspect with
+the visual recording still on, the interviewer may do so. (See Note 4G.)
+Pace Code F Text.indd 7 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.9 If in the course of an interview a complaint is made by the person being questioned, or
+on their behalf, concerning the provisions of this or any other Code, or it comes to the
+interviewer‟s notice that the person may have been treated improperly, then the
+interviewer shall act as in Code C, paragraph 12.9. (See Notes 4B and 4C.)
+.10 If the suspect indicates that they wish to tell the interviewer about matters not directly
+connected with the offence of which they are suspected and that they are unwilling for
+these matters to be visually recorded, the suspect should be given the opportunity to
+tell the interviewer about these matters after the conclusion of the formal interview.
+(e) Changing the recording media
+.11 In instances where the recording medium is not of sufficient length to record all of the
+interview with the suspect, further certified recording medium will be used. When the
+recording equipment indicates that the recording medium has only a short time left to
+run, the interviewer shall advise the suspect and round off that part of the interview. If
+the interviewer wishes to continue the interview but does not already have further
+certified recording media with him, they shall obtain a set. The suspect should not be
+left unattended in the interview room. The interviewer will remove the recording media
+from the recording equipment and insert the new ones which have been unwrapped or
+otherwise opened in the suspect‟s presence. The recording equipment shall then be
+set to record. Care must be taken, particularly when a number of sets of recording
+media have been used, to ensure that there is no confusion between them. This could
+be achieved by marking the sets of recording media with consecutive identification
+numbers.
+(f) Taking a break during the interview
+.12 When a break is taken, the fact that a break is to be taken, the reason for it and the
+time shall be recorded on the visual record.
+.12A When the break is taken and the interview room vacated by the suspect, the recording
+media shall be removed from the recorder and the procedures for the conclusion of an
+interview followed. (See paragraph 4.18.)
+.13 When a break is a short one and both the suspect and an interviewer remain in the
+interview room, the recording may be stopped. There is no need to remove the
+recording media and when the interview recommences the recording should continue
+on the same recording media. The time at which the interview recommences shall be
+recorded.
+.14 After any break in the interview the interviewer must, before resuming the interview,
+remind the person being questioned of their right to legal advice if they have not
+exercised it and that they remain under caution or, if there is any doubt, give the
+caution in full again. (See Notes 4D and 4E.)
+(g) Failure of recording equipment
+.15 If there is a failure of equipment which can be rectified quickly, the appropriate
+procedures set out in paragraph 4.12 shall be followed. When the recording is
+resumed the interviewer shall explain what has happened and record the time the
+interview recommences. If, however, it is not possible to continue recording on that
+particular recorder and no alternative equipment is readily available, the interview may
+continue without being recorded visually. In such circumstances, the procedures set
+out in paragraph 3.3 of this code for seeking the authority of the custody officer or a
+sergeant will be followed. (See Note 4F.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(h) Removing used recording media from recording equipment
+.16 Where used recording media are removed from the recording equipment during the
+course of an interview, they shall be retained and the procedures set out in paragraph
+.18 below followed.
+(i) Conclusion of interview
+.17 Before the conclusion of the interview, the suspect shall be offered the opportunity to
+clarify anything he or she has said and asked if there is anything that they wish to add.
+.18 At the conclusion of the interview, including the taking and reading back of any written
+statement, the time shall be recorded and the recording equipment switched off. The
+master recording shall be removed from the recording equipment, sealed with a
+master recording label and treated as an exhibit in accordance with the force standing
+orders. The interviewer shall sign the label and also ask the suspect and any third
+party present during the interview to sign it. If the suspect or third party refuses to sign
+the label, an officer of at least the rank of inspector, or if one is not available, the
+custody officer or, if the suspect has not been arrested, a sergeant, shall be called into
+the interview room and asked, subject to paragraph 2.5, to sign it.
+.19 The suspect shall be handed a notice which explains the use which will be made of the
+recording and the arrangements for access to it. The notice will also advise the
+suspect that a copy of the tape shall be supplied as soon as practicable if the person is
+charged or informed that he will be prosecuted.
+Notes for Guidance
+AA For the purpose of voice identification the interviewer should ask the suspect and any
+other people present to identify themselves.
+A The interviewer should attempt to estimate the likely length of the interview and ensure
+that an appropriate quantity of certified recording media and labels with which to seal
+the master copies are available in the interview room.
+B Where the custody officer, or in the case of a person who has not been arrested, a
+sergeant, is called to deal with the complaint, wherever possible the recorder should
+be left to run until the 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 interviewer pending action by an inspector under Code C paragraph
+.2.
+C Where the complaint is about a matter not connected with this Code or Code C, the
+decision to continue with the interview is at the interviewer’s discretion. Where the
+interviewer decides to continue with the interview, the person being interviewed shall
+be told that at the conclusion of the interview, the complaint will be brought to the
+attention of the custody officer, or in the case of a person who has not been arrested, a
+sergeant. When the interview is concluded, the interviewer must, as soon as
+practicable, inform the custody officer or the sergeant of the existence and nature of
+the complaint made.
+D In considering whether to caution again after a break, the interviewer should bear in
+mind that they may have to satisfy a court that the person understood that they were
+still under caution when the interview resumed.
+E The officer should bear in mind that it may be necessary to satisfy the court that
+nothing occurred during a break in an interview or between interviews which influenced
+Pace Code F Text.indd 8 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+.9 If in the course of an interview a complaint is made by the person being questioned, or
+on their behalf, concerning the provisions of this or any other Code, or it comes to the
+interviewer‟s notice that the person may have been treated improperly, then the
+interviewer shall act as in Code C, paragraph 12.9. (See Notes 4B and 4C.)
+.10 If the suspect indicates that they wish to tell the interviewer about matters not directly
+connected with the offence of which they are suspected and that they are unwilling for
+these matters to be visually recorded, the suspect should be given the opportunity to
+tell the interviewer about these matters after the conclusion of the formal interview.
+(e) Changing the recording media
+.11 In instances where the recording medium is not of sufficient length to record all of the
+interview with the suspect, further certified recording medium will be used. When the
+recording equipment indicates that the recording medium has only a short time left to
+run, the interviewer shall advise the suspect and round off that part of the interview. If
+the interviewer wishes to continue the interview but does not already have further
+certified recording media with him, they shall obtain a set. The suspect should not be
+left unattended in the interview room. The interviewer will remove the recording media
+from the recording equipment and insert the new ones which have been unwrapped or
+otherwise opened in the suspect‟s presence. The recording equipment shall then be
+set to record. Care must be taken, particularly when a number of sets of recording
+media have been used, to ensure that there is no confusion between them. This could
+be achieved by marking the sets of recording media with consecutive identification
+numbers.
+(f) Taking a break during the interview
+.12 When a break is taken, the fact that a break is to be taken, the reason for it and the
+time shall be recorded on the visual record.
+.12A When the break is taken and the interview room vacated by the suspect, the recording
+media shall be removed from the recorder and the procedures for the conclusion of an
+interview followed. (See paragraph 4.18.)
+.13 When a break is a short one and both the suspect and an interviewer remain in the
+interview room, the recording may be stopped. There is no need to remove the
+recording media and when the interview recommences the recording should continue
+on the same recording media. The time at which the interview recommences shall be
+recorded.
+.14 After any break in the interview the interviewer must, before resuming the interview,
+remind the person being questioned of their right to legal advice if they have not
+exercised it and that they remain under caution or, if there is any doubt, give the
+caution in full again. (See Notes 4D and 4E.)
+(g) Failure of recording equipment
+.15 If there is a failure of equipment which can be rectified quickly, the appropriate
+procedures set out in paragraph 4.12 shall be followed. When the recording is
+resumed the interviewer shall explain what has happened and record the time the
+interview recommences. If, however, it is not possible to continue recording on that
+particular recorder and no alternative equipment is readily available, the interview may
+continue without being recorded visually. In such circumstances, the procedures set
+out in paragraph 3.3 of this code for seeking the authority of the custody officer or a
+sergeant will be followed. (See Note 4F.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(h) Removing used recording media from recording equipment
+.16 Where used recording media are removed from the recording equipment during the
+course of an interview, they shall be retained and the procedures set out in paragraph
+.18 below followed.
+(i) Conclusion of interview
+.17 Before the conclusion of the interview, the suspect shall be offered the opportunity to
+clarify anything he or she has said and asked if there is anything that they wish to add.
+.18 At the conclusion of the interview, including the taking and reading back of any written
+statement, the time shall be recorded and the recording equipment switched off. The
+master recording shall be removed from the recording equipment, sealed with a
+master recording label and treated as an exhibit in accordance with the force standing
+orders. The interviewer shall sign the label and also ask the suspect and any third
+party present during the interview to sign it. If the suspect or third party refuses to sign
+the label, an officer of at least the rank of inspector, or if one is not available, the
+custody officer or, if the suspect has not been arrested, a sergeant, shall be called into
+the interview room and asked, subject to paragraph 2.5, to sign it.
+.19 The suspect shall be handed a notice which explains the use which will be made of the
+recording and the arrangements for access to it. The notice will also advise the
+suspect that a copy of the tape shall be supplied as soon as practicable if the person is
+charged or informed that he will be prosecuted.
+Notes for Guidance
+AA For the purpose of voice identification the interviewer should ask the suspect and any
+other people present to identify themselves.
+A The interviewer should attempt to estimate the likely length of the interview and ensure
+that an appropriate quantity of certified recording media and labels with which to seal
+the master copies are available in the interview room.
+B Where the custody officer, or in the case of a person who has not been arrested, a
+sergeant, is called to deal with the complaint, wherever possible the recorder should
+be left to run until the 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 interviewer pending action by an inspector under Code C paragraph
+.2.
+C Where the complaint is about a matter not connected with this Code or Code C, the
+decision to continue with the interview is at the interviewer’s discretion. Where the
+interviewer decides to continue with the interview, the person being interviewed shall
+be told that at the conclusion of the interview, the complaint will be brought to the
+attention of the custody officer, or in the case of a person who has not been arrested, a
+sergeant. When the interview is concluded, the interviewer must, as soon as
+practicable, inform the custody officer or the sergeant of the existence and nature of
+the complaint made.
+D In considering whether to caution again after a break, the interviewer should bear in
+mind that they may have to satisfy a court that the person understood that they were
+still under caution when the interview resumed.
+E The officer should bear in mind that it may be necessary to satisfy the court that
+nothing occurred during a break in an interview or between interviews which influenced
+Pace Code F Text.indd 9 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+the suspect’s recorded evidence. On the re-commencement of an interview, the
+interviewer should consider summarising on the record the reason for the break and
+confirming this with the suspect.
+F Where the interview is being recorded and the media or the recording equipment fails,
+the interviewer should stop the interview immediately. Where part of the interview is
+unaffected by the error and is still accessible on the media, that part shall be copied
+and sealed in the suspect’s presence as a master copy and the interview
+recommenced using new equipment/media as required. Where the content of the
+interview has been lost in its entirety, the media should be sealed in the suspect’s
+presence and the interview begun again. If the recording equipment cannot be fixed or
+no replacement is immediately available, the interview should be audio recorded in
+accordance with Code E.
+G The interviewer should be aware that a decision to continue recording against the
+wishes of the suspect may be the subject of comment in court.
+After the Interview
+.1 The interviewer shall make a note in his or her pocket book of the fact that the
+interview has taken place and has been recorded, its time, duration and date and the
+identification number of the master copy of the recording media.
+.2 Where no proceedings follow in respect of the person whose interview was recorded,
+the recording media must nevertheless be kept securely in accordance with paragraph
+.1 and Note 6A.
+Note for Guidance
+A Any written record of a recorded interview shall be made in accordance with current
+national guidelines for police officers, police staff and CPS prosecutors concerned with
+the preparation, processing and submission of files.
+Master Recording Security
+(a) General
+.1 The officer in charge of the police station at which interviews with suspects are
+recorded or as the case may be, where recordings of interviews carried out elsewhere
+than at a police station are held, shall make arrangements for the master copies to be
+kept securely and their movements accounted for on the same basis as other material
+which may be used for evidential purposes, in accordance with force standing orders.
+(See Note 6A.)
+(b) Breaking master recording seal for criminal proceedings
+.2 A police officer has no authority to break the seal on a master copy which is required
+for criminal trial or appeal proceedings. If it is necessary to gain access to the master
+copy, the police officer shall arrange for its seal to be broken in the presence of a
+representative of the Crown Prosecution Service. The defendant or their legal adviser
+shall be informed and given a reasonable opportunity to be present. If the defendant
+or their legal representative is present they shall be invited to reseal and sign the
+master copy. If either refuses or neither is present, this shall be done by the
+representative of the Crown Prosecution Service. (See Notes 6B and 6C.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(c) Breaking master recording seal: other cases
+.3 The chief officer of police is responsible for establishing arrangements for breaking the
+seal of the master copy where no criminal proceedings result, or the criminal
+proceedings to which the interview relates, have been concluded and it becomes
+necessary to break the seal. These arrangements should be those which the chief
+officer considers are reasonably necessary to demonstrate to the person interviewed
+and any other party who may wish to use or refer to the interview record that the
+master copy has not been tampered with and that the interview record remains
+accurate. (See Note 6D.)
+.4 Subject to paragraph 6.6, a representative of each party must be given a reasonable
+opportunity to be present when the seal is broken and the master recording copied and
+re-sealed.
+.5 If one or more of the parties is not present when the master copy seal is broken
+because they cannot be contacted or refuse to attend or paragraph 6.6 applies,
+arrangements should be made for an independent person such as a custody visitor, to
+be present. Alternatively, or as an additional safeguard, arrangement should be made
+for a film or photographs to be taken of the procedure.
+.6 Paragraph 6.4 does not require a person to be given an opportunity to be present
+when:
+(a) it is necessary to break the master copy seal for the proper and effective further
+investigation of the original offence or the investigation of some other offence; and
+(b) the officer in charge of the investigation has reasonable grounds to suspect that
+allowing an opportunity might prejudice any such an investigation or criminal
+proceedings which may be brought as a result or endanger any person. (See
+Note 6E.)
+(d) Documentation
+.7 When the master copy seal is broken, copied and re-sealed, a record must be made of
+the procedure followed, including the date time and place and persons present.
+Notes for Guidance
+A This section is concerned with the security of the master recordings which will have
+been sealed at the conclusion of the interview. Care should, however, be taken of
+working recordings since their loss or destruction may lead unnecessarily to the need
+to have access to master copies.
+B If the master recording has been delivered to the Crown Court for their keeping after
+committal for trial, the Crown Prosecutor will apply to the Chief Clerk of the Crown
+Court Centre for its release for unsealing by the Crown Prosecutor.
+C Reference to the Crown Prosecution Service or to the Crown Prosecutor in this part of
+the code shall be taken to include any other body or person with a statutory
+responsibility for prosecution for whom the police conduct any recorded interviews.
+D The most common reasons for needing access to master recordings that are not
+required for criminal proceedings arise from civil actions and complaints against police
+and civil actions between individuals arising out of allegations of crime investigated by
+police.
+Pace Code F Text.indd 10 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+the suspect’s recorded evidence. On the re-commencement of an interview, the
+interviewer should consider summarising on the record the reason for the break and
+confirming this with the suspect.
+F Where the interview is being recorded and the media or the recording equipment fails,
+the interviewer should stop the interview immediately. Where part of the interview is
+unaffected by the error and is still accessible on the media, that part shall be copied
+and sealed in the suspect’s presence as a master copy and the interview
+recommenced using new equipment/media as required. Where the content of the
+interview has been lost in its entirety, the media should be sealed in the suspect’s
+presence and the interview begun again. If the recording equipment cannot be fixed or
+no replacement is immediately available, the interview should be audio recorded in
+accordance with Code E.
+G The interviewer should be aware that a decision to continue recording against the
+wishes of the suspect may be the subject of comment in court.
+After the Interview
+.1 The interviewer shall make a note in his or her pocket book of the fact that the
+interview has taken place and has been recorded, its time, duration and date and the
+identification number of the master copy of the recording media.
+.2 Where no proceedings follow in respect of the person whose interview was recorded,
+the recording media must nevertheless be kept securely in accordance with paragraph
+.1 and Note 6A.
+Note for Guidance
+A Any written record of a recorded interview shall be made in accordance with current
+national guidelines for police officers, police staff and CPS prosecutors concerned with
+the preparation, processing and submission of files.
+Master Recording Security
+(a) General
+.1 The officer in charge of the police station at which interviews with suspects are
+recorded or as the case may be, where recordings of interviews carried out elsewhere
+than at a police station are held, shall make arrangements for the master copies to be
+kept securely and their movements accounted for on the same basis as other material
+which may be used for evidential purposes, in accordance with force standing orders.
+(See Note 6A.)
+(b) Breaking master recording seal for criminal proceedings
+.2 A police officer has no authority to break the seal on a master copy which is required
+for criminal trial or appeal proceedings. If it is necessary to gain access to the master
+copy, the police officer shall arrange for its seal to be broken in the presence of a
+representative of the Crown Prosecution Service. The defendant or their legal adviser
+shall be informed and given a reasonable opportunity to be present. If the defendant
+or their legal representative is present they shall be invited to reseal and sign the
+master copy. If either refuses or neither is present, this shall be done by the
+representative of the Crown Prosecution Service. (See Notes 6B and 6C.)
+Codes of Practice – Code F Visual recording interviews with suspects
+
+(c) Breaking master recording seal: other cases
+.3 The chief officer of police is responsible for establishing arrangements for breaking the
+seal of the master copy where no criminal proceedings result, or the criminal
+proceedings to which the interview relates, have been concluded and it becomes
+necessary to break the seal. These arrangements should be those which the chief
+officer considers are reasonably necessary to demonstrate to the person interviewed
+and any other party who may wish to use or refer to the interview record that the
+master copy has not been tampered with and that the interview record remains
+accurate. (See Note 6D.)
+.4 Subject to paragraph 6.6, a representative of each party must be given a reasonable
+opportunity to be present when the seal is broken and the master recording copied and
+re-sealed.
+.5 If one or more of the parties is not present when the master copy seal is broken
+because they cannot be contacted or refuse to attend or paragraph 6.6 applies,
+arrangements should be made for an independent person such as a custody visitor, to
+be present. Alternatively, or as an additional safeguard, arrangement should be made
+for a film or photographs to be taken of the procedure.
+.6 Paragraph 6.4 does not require a person to be given an opportunity to be present
+when:
+(a) it is necessary to break the master copy seal for the proper and effective further
+investigation of the original offence or the investigation of some other offence; and
+(b) the officer in charge of the investigation has reasonable grounds to suspect that
+allowing an opportunity might prejudice any such an investigation or criminal
+proceedings which may be brought as a result or endanger any person. (See
+Note 6E.)
+(d) Documentation
+.7 When the master copy seal is broken, copied and re-sealed, a record must be made of
+the procedure followed, including the date time and place and persons present.
+Notes for Guidance
+A This section is concerned with the security of the master recordings which will have
+been sealed at the conclusion of the interview. Care should, however, be taken of
+working recordings since their loss or destruction may lead unnecessarily to the need
+to have access to master copies.
+B If the master recording has been delivered to the Crown Court for their keeping after
+committal for trial, the Crown Prosecutor will apply to the Chief Clerk of the Crown
+Court Centre for its release for unsealing by the Crown Prosecutor.
+C Reference to the Crown Prosecution Service or to the Crown Prosecutor in this part of
+the code shall be taken to include any other body or person with a statutory
+responsibility for prosecution for whom the police conduct any recorded interviews.
+D The most common reasons for needing access to master recordings that are not
+required for criminal proceedings arise from civil actions and complaints against police
+and civil actions between individuals arising out of allegations of crime investigated by
+police.
+Pace Code F Text.indd 11 24/02/2014 10:51
+F
+Codes of Practice – Code F Visual recording interviews with suspects
+
+E Paragraph 6.6 could apply, for example, when one or more of the outcomes or likely
+outcomes of the investigation might be: (i) the prosecution of one or more of the
+original suspects; (ii) the prosecution of someone previously not suspected, including
+someone who was originally a witness; and (iii) any original suspect being treated as a
+prosecution witness and when premature disclosure of any police action, particularly
+through contact with any parties involved, could lead to a real risk of compromising the
+investigation and endangering witnesses.
+Visual Recording of Interviews by Secure Digital Network
+.1 This section applies if an officer wishes to make a visual recording with sound of an
+interview mentioned in section 3 of this Code using a secure digital network which
+does not use removable media (see paragraph 1.6(c) above.
+.3 The provisions of sections 1 to 6 of this Code which relate or apply only to removable
+media will not apply to a secure digital network recording.
+.4 The statutory requirement and provisions for the audio recording of interviews using a
+secure digital network set out in section 7 of Code E should be applied to the visual
+recording with sound of interviews mentioned in section 3 of this code as if references
+to audio recordings of interviews include visual recordings with sound.
+Pace Code F Text.indd 12 24/02/2014 10:51

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