PACE Interviews
Relevant time PACE s. 41 2b
Where a person is arrested outside of England and Wales, the relevant time begins at the time
at which that person first arrives at the first police station to which he is taken in the police area
in England and Wales in which the offence for which he was arrested is being investigated, or
the time 24 hours after the time of that person's crossing into England and Wales, whichever is
the sooner (PACE s. 41(2)(b)). Same applies to different counties.
Interview definition
An interview is defined as the questioning of a person regarding their involvement or suspected
involvement in a criminal offence that must be carried out under caution.
Methods of recording interviews
Interviews can be recorded by video, audio or in writing.
Visual interviews
Under discretion the following circumstances maybe appropriate for visual interview.
1.Suspects for indictable or either way offences
2.Interviews where further questions put to a suspect who has been charged or informed they
will be prosecuted about an indictable or either way offence.
3.Interviews after a suspect has been charged or informed they maybe be prosecuted about an
indictable or either way offence where an interviewer wishes to bring to the notice of the person
either any written statement made by another person or the content of any interview with
another person.
4.Interviews with or in the presence of a deaf, blind or speech impaired person who uses sign
language to communicate.
5.Interviews with or in the presence of anyone who requires an appropriate adult.
6.If the suspect or the representative requests the interview be recorded visually.
,Summary offences can still be visually recorded via the exercise of discretionary power.
The whole interview must be recorded including the taking & reading back of any statement.
Circumstances where a visually recorded interview is not used.
Custody officers can authorise the interviewing officer not to record the interview visually in the
following circs.
1.Where it is not reasonably practicable to visually record the interview because either. A failure
of the equipment or the non availability of either a suitable interview room or recorder.
And the custody officer considers on reasonable grounds that the interview should not be
delayed until either:
The failure has been rectified.
A suitable room becomes available
A recorder becomes available
If so the custody officer may authorise the interviewing officer to audio record the interview
instead.
2.Where it is clear there will be no prosecution
3.Where it is not reasonably practicable to visual record the interview because at the time the
person either:
Resists being taken to a suitable interview room.
Otherwise fails or refuses to go into such a room.
And the custody officer considers on reasonable grounds that the interview should not be
delayed until these conditions cease to apply.
Custody officers must note in the custody record reasons for not taking a visual record. The
reason maybe the subject of comment in court & the authorising officer will have to be prepared
to justify their decision.
, Tape recorded interviews
The following interviews in police stations must be tape recorded
1.When a person has been cautioned in respect of an indictable or either way offence.
2.When further questions are put to a suspect after they have been charged with indictable or
either way offence.
3.Where after charge the office wishes to draw the suspects attention to:Written statements
made by another or the contents of a interview with another
There is discretionary power to interview via audio even when the suspects does not fall within
the above list.
It is not mandatory to tape record summary offences however there is nothing to stop them
being tape recorded.
The whole interview must be recorded the taking & reading back of statements.
No recording of tape interviews.
Custody officers can authorise the interviewing officer not to tape record the interview in the
following circs.
1.Where it is not reasonably practicable because of:
A failure of the equipment or the non availability of a suitable interview room.
And the custody officer considers on reasonable grounds that the interview should not be
delayed
2.Where it is clear there will be no prosecution
If the custody officer authorises the interview to proceed without tape the following must apply:
The interview must be recorded in writing & the custody officer must note in the custody record
reasons for not having an audio interview. The reason maybe the subject of comment in court &
the authorising officer will have to be prepared to justify their decision.
Preparatory steps prior to interview
Relevant time PACE s. 41 2b
Where a person is arrested outside of England and Wales, the relevant time begins at the time
at which that person first arrives at the first police station to which he is taken in the police area
in England and Wales in which the offence for which he was arrested is being investigated, or
the time 24 hours after the time of that person's crossing into England and Wales, whichever is
the sooner (PACE s. 41(2)(b)). Same applies to different counties.
Interview definition
An interview is defined as the questioning of a person regarding their involvement or suspected
involvement in a criminal offence that must be carried out under caution.
Methods of recording interviews
Interviews can be recorded by video, audio or in writing.
Visual interviews
Under discretion the following circumstances maybe appropriate for visual interview.
1.Suspects for indictable or either way offences
2.Interviews where further questions put to a suspect who has been charged or informed they
will be prosecuted about an indictable or either way offence.
3.Interviews after a suspect has been charged or informed they maybe be prosecuted about an
indictable or either way offence where an interviewer wishes to bring to the notice of the person
either any written statement made by another person or the content of any interview with
another person.
4.Interviews with or in the presence of a deaf, blind or speech impaired person who uses sign
language to communicate.
5.Interviews with or in the presence of anyone who requires an appropriate adult.
6.If the suspect or the representative requests the interview be recorded visually.
,Summary offences can still be visually recorded via the exercise of discretionary power.
The whole interview must be recorded including the taking & reading back of any statement.
Circumstances where a visually recorded interview is not used.
Custody officers can authorise the interviewing officer not to record the interview visually in the
following circs.
1.Where it is not reasonably practicable to visually record the interview because either. A failure
of the equipment or the non availability of either a suitable interview room or recorder.
And the custody officer considers on reasonable grounds that the interview should not be
delayed until either:
The failure has been rectified.
A suitable room becomes available
A recorder becomes available
If so the custody officer may authorise the interviewing officer to audio record the interview
instead.
2.Where it is clear there will be no prosecution
3.Where it is not reasonably practicable to visual record the interview because at the time the
person either:
Resists being taken to a suitable interview room.
Otherwise fails or refuses to go into such a room.
And the custody officer considers on reasonable grounds that the interview should not be
delayed until these conditions cease to apply.
Custody officers must note in the custody record reasons for not taking a visual record. The
reason maybe the subject of comment in court & the authorising officer will have to be prepared
to justify their decision.
, Tape recorded interviews
The following interviews in police stations must be tape recorded
1.When a person has been cautioned in respect of an indictable or either way offence.
2.When further questions are put to a suspect after they have been charged with indictable or
either way offence.
3.Where after charge the office wishes to draw the suspects attention to:Written statements
made by another or the contents of a interview with another
There is discretionary power to interview via audio even when the suspects does not fall within
the above list.
It is not mandatory to tape record summary offences however there is nothing to stop them
being tape recorded.
The whole interview must be recorded the taking & reading back of statements.
No recording of tape interviews.
Custody officers can authorise the interviewing officer not to tape record the interview in the
following circs.
1.Where it is not reasonably practicable because of:
A failure of the equipment or the non availability of a suitable interview room.
And the custody officer considers on reasonable grounds that the interview should not be
delayed
2.Where it is clear there will be no prosecution
If the custody officer authorises the interview to proceed without tape the following must apply:
The interview must be recorded in writing & the custody officer must note in the custody record
reasons for not having an audio interview. The reason maybe the subject of comment in court &
the authorising officer will have to be prepared to justify their decision.
Preparatory steps prior to interview
