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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
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Codes of Practice – Code F Visual recording interviews with suspects
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Contents
1 General ........................................................................................................................... 3
Notes for Guidance ......................................................................................................... 4
2. Recording and sealing of master recordings ............................................................. 4
Notes for Guidance ......................................................................................................... 5
3 Interviews to be visually recorded .............................................................................. 5
Notes for Guidance ......................................................................................................... 6
4 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
5 After the Interview ....................................................................................................... 10
Note for Guidance ......................................................................................................... 10
6 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
7 Visual Recording of Interviews by Secure Digital Network .................................... 12
Codes of Practice – Code F Visual recording interviews with suspects
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1 General
1.0 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
2010, 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.
1.1 This code of practice must be readily available for consultation by police officers and
other police staff, detained persons and members of the public.
1.2 The Notes for Guidance included are not provisions of this code. They form guidance
to police officers and others about its application and interpretation.
1.3 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.)
1.4 The interviews to which this Code applies are described in section 3.
1.5 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.
1.5A 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.
1.6 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.
1.6A 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.
1.7 References to “pocket book” in this Code include any official report book issued to
police officers.
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Codes of Practice – Code F Visual recording interviews with suspects
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Contents
1 General ........................................................................................................................... 3
Notes for Guidance ......................................................................................................... 4
2. Recording and sealing of master recordings ............................................................. 4
Notes for Guidance ......................................................................................................... 5
3 Interviews to be visually recorded .............................................................................. 5
Notes for Guidance ......................................................................................................... 6
4 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
5 After the Interview ....................................................................................................... 10
Note for Guidance ......................................................................................................... 10
6 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
7 Visual Recording of Interviews by Secure Digital Network .................................... 12
Codes of Practice – Code F Visual recording interviews with suspects
3
1 General
1.0 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
2010, 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.
1.1 This code of practice must be readily available for consultation by police officers and
other police staff, detained persons and members of the public.
1.2 The Notes for Guidance included are not provisions of this code. They form guidance
to police officers and others about its application and interpretation.
1.3 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.)
1.4 The interviews to which this Code applies are described in section 3.
1.5 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.
1.5A 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.
1.6 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.
1.6A 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.
1.7 References to “pocket book” in this Code include any official report book issued to
police officers.
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Codes of Practice – Code F Visual recording interviews with suspects
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1.8 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
1A As in paragraph 1.9 of Code C, references to custody officers include those carrying
out the functions of a custody officer.
1B 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.
1C In paragraph 1.0, ‘relevant protected characteristic’ includes: age, disability, gender
reassignment, pregnancy and maternity, race, religion/belief, sex and sexual
orientation.
2. Recording and sealing of master recordings
2.1 Not used.
2.2 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.)
2.3 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.
2.4 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.)
2.5 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
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Notes for Guidance
2A 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.
2B In this context, the recording medium should be capable of having an image of the
date and time superimposed as the interview is recorded.
2C 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.
2D The visual recording of the interview may be used for identification procedures in
accordance with paragraph 3.21 or Annex E of Code D.
2E 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.
3 Interviews to be visually recorded
3.1 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.
3.2 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.)
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Codes of Practice – Code F Visual recording interviews with suspects
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1.8 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
1A As in paragraph 1.9 of Code C, references to custody officers include those carrying
out the functions of a custody officer.
1B 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.
1C In paragraph 1.0, ‘relevant protected characteristic’ includes: age, disability, gender
reassignment, pregnancy and maternity, race, religion/belief, sex and sexual
orientation.
2. Recording and sealing of master recordings
2.1 Not used.
2.2 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.)
2.3 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.
2.4 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.)
2.5 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
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Notes for Guidance
2A 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.
2B In this context, the recording medium should be capable of having an image of the
date and time superimposed as the interview is recorded.
2C 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.
2D The visual recording of the interview may be used for identification procedures in
accordance with paragraph 3.21 or Annex E of Code D.
2E 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.
3 Interviews to be visually recorded
3.1 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.
3.2 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.)
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Codes of Practice – Code F Visual recording interviews with suspects
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3.3 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.)
3.5 The whole of each interview shall be recorded visually, including the taking and
reading back of any statement.
3.6 A sign or indicator which is visible to the suspect must show when the visual recording
equipment is recording.
Notes for Guidance
3A 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.
3B 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.
3C Code C sets out the circumstances in which a suspect may be questioned about an
offence after being charged with it.
3D 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.
3E 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.
3F 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.
4 The Interview
(a) General
4.1 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.
4.2 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
37 of the Criminal Justice and Public Order Act 1994 can be given.
Codes of Practice – Code F Visual recording interviews with suspects
7
(b) Commencement of interviews
4.3 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.)
4.4 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
4.4A 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.
4.5 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.
4.6 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
4.7 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
4.8 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.)
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Codes of Practice – Code F Visual recording interviews with suspects
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3.3 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.)
3.5 The whole of each interview shall be recorded visually, including the taking and
reading back of any statement.
3.6 A sign or indicator which is visible to the suspect must show when the visual recording
equipment is recording.
Notes for Guidance
3A 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.
3B 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.
3C Code C sets out the circumstances in which a suspect may be questioned about an
offence after being charged with it.
3D 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.
3E 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.
3F 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.
4 The Interview
(a) General
4.1 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.
4.2 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
37 of the Criminal Justice and Public Order Act 1994 can be given.
Codes of Practice – Code F Visual recording interviews with suspects
7
(b) Commencement of interviews
4.3 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.)
4.4 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
4.4A 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.
4.5 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.
4.6 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
4.7 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
4.8 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.)
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4.9 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.)
4.10 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
4.11 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
4.12 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.
4.12A 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.)
4.13 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.
4.14 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
4.15 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
9
(h) Removing used recording media from recording equipment
4.16 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
4.18 below followed.
(i) Conclusion of interview
4.17 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.
4.18 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.
4.19 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
4AA For the purpose of voice identification the interviewer should ask the suspect and any
other people present to identify themselves.
4A 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.
4B 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
9.2.
4C 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.
4D 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.
4E 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
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4.9 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.)
4.10 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
4.11 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
4.12 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.
4.12A 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.)
4.13 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.
4.14 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
4.15 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
9
(h) Removing used recording media from recording equipment
4.16 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
4.18 below followed.
(i) Conclusion of interview
4.17 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.
4.18 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.
4.19 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
4AA For the purpose of voice identification the interviewer should ask the suspect and any
other people present to identify themselves.
4A 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.
4B 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
9.2.
4C 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.
4D 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.
4E 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
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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.
4F 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.
4G 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.
5 After the Interview
5.1 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.
5.2 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
6.1 and Note 6A.
Note for Guidance
5A 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.
6 Master Recording Security
(a) General
6.1 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
6.2 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
11
(c) Breaking master recording seal: other cases
6.3 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.)
6.4 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.
6.5 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.
6.6 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
6.7 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
6A 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.
6B 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.
6C 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.
6D 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.
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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.
4F 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.
4G 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.
5 After the Interview
5.1 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.
5.2 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
6.1 and Note 6A.
Note for Guidance
5A 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.
6 Master Recording Security
(a) General
6.1 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
6.2 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
11
(c) Breaking master recording seal: other cases
6.3 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.)
6.4 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.
6.5 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.
6.6 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
6.7 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
6A 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.
6B 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.
6C 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.
6D 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.
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6E 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.
7 Visual Recording of Interviews by Secure Digital Network
7.1 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.
7.3 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.
7.4 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.
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