Is there any law that stops me recording the police interview?

[houseremovals]

Rather than rely and trust their devices I was wondering if any law prohibits me from doing so

Thanks

[wales01man]

Re: Is there any law that stops me recording the police interview?

Why would you not trust their equipment?

[houseremovals]

Re: Is there any law that stops me recording the police interview?

I am not comfortable with any of their stuff

[Kati]

Re: Is there any law that stops me recording the police interview?

From what I can make out, you can't ... in an interview at a police station, there would be two police officers and two recordings of the interview (one of which is sealed with a tamper-proof seal in your presence at the end). You'll also be told how to get a copy of the recording after the interview (usually handed a sheet of paper with instructions)

The recording of interviews is strictly governed by the police and criminal evidence act 1984 (PACE) part 5 sections 60 and 60(a) https://www.legislation.gov.uk/ukpga/1984/60/section/60 https://www.legislation.gov.uk/ukpga...60/section/60A

PACE code E - https://www.gov.uk/government/upload...sible_v0.3.pdf is a good read to get info

as is - https://uk.practicallaw.thomsonreute...ge=true&bhcp=1

How should an interview under caution be recorded?

An accurate record must be made of every interview with a person suspected of an offence. The record must state the place of the interview, the time it begins and ends, the time the record is made (if different), any breaks in the interview and the names of all those present. The record must be made on forms provided for this purpose or in the investigator's note book, or in accordance with the code of practice for the audio recording of interviews with suspects (see Home Office: PACE Code E). Interviews may be recorded using any removable, physical audio recording medium that can be played and copied or on a secure digital network (PACE Code E).

The tapes or CDs should be unwrapped and loaded into the machine in the sight of the suspect. After the interview, one of the tapes or CDs will be sealed in the presence of the suspect and normally only opened in court. This is the master recording. The second recording will be used as a working copy. The legal representative of the suspect should ask for a copy of the tape or CD at the end of the interview. Each police station will have arrangements for tape or CD security and the master recording should be kept securely. It is essential that the representative has a copy of the tape for case preparation, agreeing edited transcripts and so on.

The suspect will be asked to give his full name, address, date of birth and his National Insurance number (if he has it).

Where the person being interviewed has been nominated to speak on behalf of a company (in effect that person is the company for the purposes of the interview under caution), the investigators may wish to satisfy themselves that the person has the authority to answer questions on behalf of the company. That authority can only be granted by the board. The nominated person attending may be asked to bring written authorisation that can be referred to in the interview.

If the suspect objects to the interview being recorded, the objection should be recorded on the media. If the objection is recorded on tape or CD or the suspect refuses to have their objections recorded, the recording may be turned off. The suspect must be told and the reasons for doing so explained to him. A written contemporaneous record of the interview must be made instead.

If the recording equipment fails and no replacement recorder is available, the interview may continue without being audibly recorded. However a written record of the interview will have to be made. The legal representative of the suspect will need to make their own detailed note of the interview and in this situation may ask the investigating officer if he can record the interview on his mobile phone.

[houseremovals]

Re: Is there any law that stops me recording the police interview?

Thanks, cant see anything prohibiting it as such unless I missed that bit

[wales01man]

Re: Is there any law that stops me recording the police interview?

How if you were allowed would you record

[houseremovals]

Re: Is there any law that stops me recording the police interview?

Mobile phone

[wales01man]

Re: Is there any law that stops me recording the police interview?

Immediately the interview is finished a tape f it is held by the police and a copy given to the interviewee how can you do that with a phone this would be the reason it would not be allowed

[houseremovals]

Re: Is there any law that stops me recording the police interview?

But its my recording for my own personal use. i am not obliged to give them a copy am I?

Thanks

[Kati]

Re: Is there any law that stops me recording the police interview?

But its my recording for my own personal use. i am not obliged to give them a copy am I?

Thanks

if they knew you were recording, and they asked then yes you would be

[wales01man]

Re: Is there any law that stops me recording the police interview?

Very doubtful you would be allowed to take a phone into interview

[houseremovals]

Re: Is there any law that stops me recording the police interview?

Where did you reference that from as cant find anything to back this claim up?

- - - Updated - - -

Its a voluntary interview

[des8]

Re: Is there any law that stops me recording the police interview?

If you have been "invited" to a voluntary interview (possibly under caution?) forget your phone and take a solicitor (the duty solicitor if you can't afford your own).

[houseremovals]

Re: Is there any law that stops me recording the police interview?

Yes I know this, The police can use their equipment to record and I wish to use mine.

I can not see a law prohibiting this?

[warwick65]

Re: Is there any law that stops me recording the police interview?

Hi
I agree with Des, do not answer questions without a duty solicitor present. You could ask the duty solicitor to request the recording

Remember the Police are trained in interviewing techniques and may appear to be 'on your side' or nice so you want to be nice back - while I know they are doing their job they may also try to trap you into some sort of admission for something you may or may not have done

Also remember, if you do admit to something and they caution you and then something else appears they could use the caution as an excuse to charge you
An example might be - you stole £10 on two occasions, you admit to the first and get a caution, later they find cctv showing the second offence - well you now have previous so they may well charge you . I am not suggesting this is your case at all and it is entirely up to you if you care to disclose to the forum what it is about.

Have you been invited to attend the police station or are they 'kindly' coming to collect you from home- depending on what they are investigation that visit to your door could be an excuse to arrest you and search your home

I am also not convinced that [MENTION=49370]Kati[/MENTION] is correct in saying there will be two police in any interview - in this day and age I am not sure they can afford it