interviewing suspects 3 - tape recording interviews · the tape-recorder, inclusive. 11. state the...

Lesson 100

Metropolitan Police ServiceDirectorate of Training and Development

Police Constable Foundation Course

Interviewing Suspects 3 - TapeRecording Interviews

Protective Marking Not Protectively MarkedPublication Scheme Y/N NTitle Interwiewing Suspects 3 - Tape Recording InterviewsVersion 5Summary Student Lesson NoteBranch/OCU HR3(7)Author David Aherne c078397Date created 4th March 2010Review date 4th March 2013

Interviewing Suspects 3 - Tape Recording of Interviews/100

Not Protectively Marked

© Metropolitan Police Authority. 04.02.10CST Police Constable Foundation Training

ContentsObjectives ........................................................ 5

Custody Officer’s authority not to tape ......... 10

Suspect objects to tape-recording interview 11

Process overview ............................................ 12

Equipment overview ....................................... 13

Preparation for the interview.......................... 14

The tape-recording machine .......................... 16

Arrival in the interview room .......................... 22

The Interview ................................................... 23

Form 988B........................................................ 24

Non-verbal responses..................................... 26

End of a tape .................................................... 29

Identifying exhibits used in the interview ..... 31

Closure of the Interview.................................. 31

Marking and Sealing the tapes....................... 34

Recording fact that an interview was conducted

............................................................................39

Disposal of used cassettes ............................ 40

Return the suspect to the Custody Officer ... 40




You are on duty in the area car, followinga car that is shown as lost or stolen on thePNC. The area car has its headlights on,the blue light and siren operating.

The car you are following is beingdriven at speeds of up to 80 mph in abuilt-up area. The car contains twomales who appear to be in their lateteens.

The car stops and both occupants run off, chased by you and yourcolleague.

You catch the passenger. Your colleague catchesthe driver.

Both the occupants of the vehicle arearrested and taken to the Police Station.They are formally “booked in” and placed inthe cells.




You write up your evidence of what has happened so far and take stockof the facts that you are able to prove at this point for 'Taking aConveyance' - an offence you will learn about in greater detail later on inthe foundation course.

For now accept the following points will need to be proved if aprosecution is to be successful.

You know that:

- The car has been taken without the consent of the owner.

- The passenger was in the car.

What you do not know is:-

(a) whether or not the passenger allowed himself to be carried in thevehicle.

(b) That, even if he did allow himself to be carried, at the time he didso, he knew that the vehicle had been taken without theconsent of the owner or other lawful authority.

(c) Whether or not he was party to taking the car without theconsent of the owner or other lawful authority.

To attempt to discover the truth about the above points, you need toquestion both the driver and passenger of the vehicle. This will amountto an interview and, as such, must be recorded.

Having established that it is necessary to interview the passenger, youneed to consider the method of making a record of the interview.

In the past, there have been frequent disputes in Court about theaccuracy of written records of interviews with suspects.

To remedy this, the Codes of Practice, Code E, requires police to tape-record interviews with suspects where possible.

Tape-recording interviews with suspects will become a frequent activityfor you when dealing with persons arrested for crimes. This procedureinvolves skill, and you must comply with the Codes of Practice.

the correct procedures involved.

As the process is tape-recorded, failure to comply with the Codes ofPractice, lack of skill, lack of proper consideration for the suspect, etc.,will be exposed. Therefore, you need to have a good understanding of




This lesson will lead you through the process of a simple tape-recordedinterview, describing the procedure and equipment used as it progresses.There will also be exercises to help you with your learning andunderstanding of the content. (If you complete these exercises in pencilyou could erase your answers and re-use them for revision.)

The lesson contains a lot of information that needs to be remembered.Don’t be daunted by this. The information is delivered in the context ofwhen it is required. Recalling it in this context will be easier than tryingto remember the entire package.

The aim of the written lesson is for you to have sufficient understandingand knowledge of the procedures of a tape-recorded interview for you toapply them in simple practice situations, thereby developing yourknowledge and skill so that you are able to conduct a simple tape-recorded interview in real life.

Objectives

After you have studied and understood the written lesson, you should beable to:-

1. State the aim of tape recording an interview with a personsuspected of an offence.

2. State the three criteria that determine that an interview must betape-recorded.

3. By applying the above three criteria to a variety of scenarios,identify those which must be tape-recorded.

4. State the two exceptions to the above rule.

5. Describe the action to be taken when either of the two exceptionsapplies.

6. Describe the five steps of the overview of how a tape-recordedinterview is used in the process of prosecuting a person.

7. Describe, briefly, the preparation peculiar to an interview which is tobe tape-recorded in the context of:-

(a) tapes and paper,

(b) the interview room.




8. State the rule for protecting the integrity of the tapes used in atape-recorded interview.

9. Describe, briefly, the three main tasks of an officer assisting theinterviewer to conduct a tape recorded interview.

10. Describe the process from arrival in the interview room to loadingthe tape-recorder, inclusive.

11. State the facts to be recorded at the opening of the interview.

12. In a practical scenario, convert non-verbal responses by theinterviewee into verbal responses.

13. Describe, briefly, the process of changing the tapes during aninterview when the tapes near their end.

14. Describe the method of marking the “master” and “working original”tapes.

15. State the three facts that must be recorded at the beginning ofcontinuation tapes.

16. Outline the method of identifying exhibits used during the course ofthe interview.

17. State the three criteria which would indicate that the interviewshould be closed.

18. Outline the process of ending an interview.

19. Complete a tape sealing label.

20. State the method of recording the fact that an interview has beentape-recorded.

21. Describe the system for disposal of the tapes after an interview hasbeen tape-recorded.

When you have achieved the objectives listed above and after yourtrainer has provided suitable learning experiences, you should be ableto:-

1. Conduct a tape-recorded interview with a suspect, involving theprocedures described in the written lesson.




First, consider what is meant by the term, “Interview.”

The Codes of Practice (Code C. 11.1A) defines an interview as

“...the questioning of a person regarding their involvement orsuspected involvement in a criminal offence or offences.”

In the context of this lesson, you won’t go wrong if you treat having anycontact with the person with a view to obtaining verbal evidence of anoffence by him or her as an interview.

The aim of tape-recording an interview is to create an undeniable recordof what was said during it.

Both Code E of the Codes of Practice and service policy require policeto tape record all interviews when all three of the following criteriaapply...

(1) The offence is recorded on CRIS

Certain categories of offences are recorded on CRIS(Crime Report Information System). The CRIS report isthe record of the investigation of the offence from theinitial allegation to the arrest, conviction andsubsequent sentencing of an offender.

(2) The interviewed person has been cautioned (in accordance with theCodes of Practice) as they are suspected of committing the offence.

Code C. 10.1 requires that a person who issuspected of any offence must be cautionedbefore they are asked questions to obtainevidence of that offence.

(3) The interview is conducted at a police station.

All police stations that deal with the charging ofprisoners are equipped for tape-recording interviews.

You do not have tosay anything. But itmay harm yourdefence...




Now consider the following scenarios and, by applying the three criterialisted above, decide whether or not, and if so why, the interview must betape-recorded.

Fill in your answers to the questions in the space below them. When youhave done them all, check your answers against those which follow.

(A) You interview the owner of a car at the police station because yoususpect her of permitting another person to drive the vehicle withoutinsurance (Non-CRIS offence).

Criteria:-

1.

2.

3.

(B) You arrest a woman for theft and take her to the police station.There is insufficient evidence of her intent to permanently deprivethe owner of their property. You interview her to establish her intent.

Criteria:-

1.

2.

3.

(C) A man calls at the police station to complain that he has beenpunched in the face. He has a slight cut beneath his left eye(Assault occasioning Actual Bodily Harm - CRIS offence). Youadminister medical aid and whilst offering the victim empathy andsupport you decide to interview him to obtain evidence to identifyand arrest the assailant.

Criteria:-

1.

2.

3.




Answers

(A) Criteria:-

(1) Does not apply - Permitting No Insurance is not a CRISoffence.

(2) Applies - Whenever you question people whom you suspect ofan offence about the offence, you must caution them.

(3) Applies - The interview is being conducted at a Police Station.

This interview does not need to be tape-recorded because only two ofthe three criteria apply.

(B) Criteria

(1) Applies - Theft is a CRIS offence.

(2) Applies - All persons suspected of any offence must becautioned before being questioned about the offence.

(3) Applies - The interview is to be conducted at a Police Station.

This interview must be tape-recorded because all three of the criteriaapply.

(C) Criteria:-

(1) Applies -The offence is a CRIS offence.

(2) Does not apply - As you do not suspect the victim ofcommitting the offence, there is no need to caution himbefore questioning him about it.

(3) Applies - The interview is at a Police Station.

This interview does not need to be tape-recorded as only two of thecriteria apply.

The only time you can conduct an interview to which all three of theabove criteria apply without recording it on tape, is if:-

(a) The Custody Officer authorises it.

OR

(b) The suspect objects to it being tape-recorded.




Custody Officer’s authority not to tape

The Custody Officer can only give such an authorisation if certainconditions exist, for example, if facilities are not available or a prosecutionis unlikely. It’s the Custody Officer’s decision, so you don’t need to knowtoo much about these conditions.

If you intend to conduct an interview without tape-recording it, speak to theCustody Officer first.

You must:-

(a) Obtain the Custody Officer’s authority not to tape-record theinterview.

(b) Obtain a completed form 989 on which the above authority is written.

(c) Attach form 989 to the case papers.

A copy of the form follows ...F o rm 9 8 9

M E T R O P O L IT A N P O L IC E S E R V IC E

A u th o rity n o t to ta p e re c o rd a n in te rv ie w a n d /o r fo r th e in te rv ie w to

b e c o n d u c te d o th e r th a n in a s u ita b le in te rv ie w ro o m

(P o lic e a nd C rim in a l E v iden ce A c t 198 4 C o de E 3 .3 and 3 .4 ) P o lic e S ta tion :

C ode :

O th e r re fs .:

C u s to dy N o .:

N am e o f s u s p e c t: D a te o f B ir th

O ffen ce (s ) s u s p e c ted :

*In te rv iew e r:

C om p le te P a rt A o r B b e low a s a pp lic ab le (C ros s ⌧ bo x (es ) a nd c om p le te re aso ns as app licab le )

P A R T A I h ave a u tho rise d th e above na m ed in te rv ie w e r to in te rv iew the abo ve n am ed s usp ec t w ith ou t tap e re co rd ing th e in te rv iew fo r the fo llow ing rea son (s ):−

(a ) It is c lea r th a t no p ros ecu tio n w ill ens u re be cau se :

(b ) It is n o t reas ona b ly p rac ticab le to ta pe rec o rd th e in te rv iew b eca us e :−

th e tap e rec o rd in g eq u ipm en t has fa ile d . S pec ify re as on fo r fa ilu re :

no su ita b le in te rv ie w roo m is ava ila b le . S pec ify w h y no su ita b le room ava ilab le :

no su ita b le tap e rec o rde r is ava ilab le . S p ec ify w hy no s u itab le tape re co rde r a va ilab le :

an d I h ave reas ona b le g roun ds to c ons id e r tha t the in te rv iew sh ou ld n o t b e de la yed un til (a s a pp lic ab le ) the fa ilu re has bee n rec tif ied o r a su ita b le room b eco m e s a va ilab le a nd /o r tape re co rde r b eco m es ava ilab le .

P A R T B I he reby a u tho rise the abo ve n am ed in te rv ie w e r to in te rv iew the ab ove na m ed s usp ec t (a ) w itho u t ta pe rec o rd in g the in te rv iew and /o r (b ) to in te rv iew tha t s us pec t o th e r tha n in a s u itab le in te rv iew room be cau se :−

T he su spe c t has re fus ed to g o in to o r to rem a in in a s u itab le in te rv ie w ro om and I have reas ona b le g ro und s to con s ide r th a t th e in te rv iew s hou ld no t be d e laye d an d tha t it m ay be c ond uc ted in a ce ll an d :−

rec o rded us ing po rtab le re co rd ing equ ip m e n t; o r

b eca use po rtab le equ ip m e n t is no t a va ilab le , reco rd ed in w riting as C ode C , se c tion 11 . (s ee C o de C 12 .5 )

C u sto d y O ffice r

S ign a tu re : … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … R an k : N o .:

N am e : D a te : T im e :

*U s e w a rra n t o r o th e r id e n tif ic a tio n n u m b e r ra th e r th a n n a m e s in te rro r is m a n d o th e r ca s e s to w h ich C o d e E p a ra g ra p h 2 .3 a p p lie s . M .P . 5 31 /0 3




Suspect objects to tape- recording interview

The suspect’s objections must be tape-recorded before the interview isrecorded any other way. Even if the suspect refuses to state theobjections on tape, you must still tape-record offering the opportunity.This is to remove any doubt about the reason for the interview not beingtape-recorded.

In the face of their objection, it will be legitimate to point out to suspectsthe advantages to them of having the interview tape-recorded.

Do not discuss the advantages or otherwise of being interviewed; thiscould be regarded as an inducement to answer questions, or threats,which could render the evidence inadmissible.

Here is an example of how to do it:-

“I’m not talking with that thing on.”

“I’m required by law to tape-record the interview. This will benefityou in that any evidence given about the interview can be checkedagainst the tape-recording; so there’s no chance of anyone beingmisled about what you have said.”

“I don’t care about that. I'm not talking with that thing on.”

“Okay then. We’ll do it another way. But, just so there’s nomisunderstanding about why I didn’t use the tape recorder, I’d liketo record on the tape that you object to us using the tape-recorder.”

Now go through the normal procedure as if you were going to tape-record the interview, up to the point of the suspect making the objection.Once the objections (or opportunity to record them) have been recorded,you should state why you are turning off the recorder, then do so...

“I’m not saying any more with that thing running.”

“Mr Bradley refuses to be interviewed whilst being tape-recorded, soI am now turning off the recorder. The time is 4pm.”

Now deal with the tapes in the normal way, as if the interview had beentape-recorded.

The procedures mentioned in the above example are explained later inthe lesson.




Having decided that this interview should be tape recorded, you need to:-

(a) Know the process,

(b) Be familiar with the equipment that you will use.

The lesson will continue by leading you through the process, describingthe rules and procedures as you progress and describing the equipmentto be used during the process.

First, an outline of the entire process.

Process overview

1. The interview is tape-recorded on to pairs of tapes, simultaneouslyand identically.

2. At the end of the interview one of each pair is immediately sealedup as the “Master”. In most cases this tape will only be opened inCourt, in the event of a dispute regarding the content.

The other tape is left unsealed as the “working copy”.

3. Using the working copy, the interviewing officer completes a writtenrecord of the interview that is submitted with the case papers tothe Crown Prosecution Service (CPS) and will be available to thedefence.

This record will consist of:

• Introduction - times,date etc

• A summary of what has been said by everyone present

• A verbatim record of relevant facts and evidence that comes tolight during the interview

4. The working copy tape becomes part of the case papers.

If the interviewing officer or the defence require a copy forthemselves, more copies are made from the working copy of thetape.

5. If the defence accept it as an accurate and fair record of therelevant parts of the interview, the written summary will be used togive the relevant and admissible evidence from the interview to theCourt.




The tape-recording of the interview will only be played in Court if:-

(a) the prosecution and defence cannot agree over the accuracy of thewritten summary; or

(b) the prosecutor believes that the accused’s behaviour during theinterview (eg, evasive, hostile, hesitant, etc.) is relevant evidencewhich cannot be conveyed accurately by the written summary ofwhat was said - it is the interviewer’s responsibility to bring this tothe attention of the CPS.

Equipment overview

The equipment used to tape recordinterviews consists of:

- A purpose designed interview room,

- A tape recordingmachine with noplayback facility,

- Audio cassettes that accept recordings ontwo channels (ie, ordinary stereo cassettes).




- A fast tape-copy machine,

- A personal play-back machinewith pause, rewind and individualchannel volume control facilities,

Don’t try to memorise the above list. It is only included for clarity.

Each item will be dealt with as you have to use it during the entireprocess.

Preparation for the interview

You should, by now, be aware that an interview with a suspect is morethan a “casual chat” or “having a word with him.” It is a structuredevent that requires preparation.

The preparation will often take longer than the interview itself and isusually the same for any type of interview. For example, in anyinterview at a Police Station, the participants need seats!

You should know:

• How this interview might contribute to the investigation.

• The offences and points to prove

• Possible defences that may be used.

You will need to compile a list of objectives to be achieved in theinterview and be clear in your mind about the evidence that you alreadyhave.




However, there are preparations peculiar to interviews that are to betape-recorded:-

(a) Obtaining the materials necessary to conduct the interviewwithout interruption:-

This will include:

- Anticipating the length of the interview and obtaining a number ofsealed tapes from the Custody Officer which will allow you to havespares, in case it lasts longer than predicted;

Ensure that the seals on the tapes that you obtain are intact. Ifthey are not, return them immediately to the Custody Officer.

- Obtaining a “Notice to person whose interview has been taperecorded” (Form 987);

- Obtaining sufficient tape-sealing labels for each master tape;

- Obtaining clean paper for making notes of significant points in theinterview.

(b) Preparing the interview room

Each Police Station that deals with the charging of prisoners is equippedwith a number of tape-recording interview rooms.

The rooms are of an appropriate size and specially lit, heated, ventilatedand furnished, according to the requirements of the Codes of Practice.

You do not want your interview to be disrupted by the room not beingproperly prepared. Prevent this by making the following preparations:-

A Ensuring that an interview room is AVAILABLE for the time youintend to use it.

This will include checking to make sure that a room is neitheroccupied nor intended to be occupied while you will be using it,




B Ensuring that Form 988B (available via the intranet), (example shownlater) is in the room:-

The Code of Practice requires certain information to be recorded onthe tape before the interview begins. Form 988B contains the pointsthat must be covered. You cannot conduct an interview withoutthis form, because you will not know how to introduce the interviewformally.

Similarly, Form 988B contains guidance for concluding the interview(on the reverse).

C Ensuring that the recording EQUIPMENT is working correctly.

If the equipment is faulty, obtain a spare through the Custody Officer.If spare facilities are not available, obtain the Custody Officer’sauthority not to tape-record the interview.

The procedure for dealing with this eventuality has been describedearlier in this lesson.

The tape - recording machine

Make a visual inspection of electrical equipment and check date of PATdate sticker before use of any electrical work equipment. There are twotypes of machine currently in use. There is very little difference betweenthe two; the differences will be explained in the following description of theequipment. The machine is a very simple piece of equipment that has:-

On the rear face:-

A a switch to turn the power on and off, on the left;

B a black power cable, plugged in above the switch;

C a white or grey recording cable, plugged in on the right;

B

CA




on the front face:-

D a red “record” button, top centre;

E a grey “stop” button, next to the “record” button;

F two cassette compartments with pull-open doors;

G a small speaker, on the bottom right;

H a “time” button, immediately above the speaker;

I an illuminated digital timer, between the two cassette compartments;

J four microphone indicator lights, above the digital time indicator; ortwo such lights, on certain machines;

There now follows an explanation of the function of each of thesecomponents. In order to be able to operate the machine, you will needto learn them. You may feel daunted by the size of the explanation, butdon’t worry. Most of the functions are obvious and they are as simpleas those on your own radio or hi-fi system.

You may find it helpful to have the picture of the machine in front of youas you read through the functions of the components.

A Power on/off switch

This switch is used to turn the electrical power to the machine on andoff.

When the machine is switched on both of the cassette compartments (F),the digital timer (I) (displaying “00”) and the microphone indicator lights(J) will light up.

D E

G

JI

F

H




B Power cable

The machine is plugged into a three-pin wall socket with an on/off switchthat is, usually, permanently switched on.

C Recording cable

This carries the signal from the microphones to the recording circuits inthe machine.

D Red “record” button

This button is pressed to start recording

Whenever you press this button a high pitched buzz will sound for about10 seconds. Conversation will not be recorded.

This alarm will also sound whenever the machine is in the recordingmode:

- when there is a silence for longer than one minute. The alarm willend the silence and thereby de-activate itself.

- as the end of the tape approaches.

E grey “stop” button

This button is pressed to stop recording. The “record” button will beautomatically released.

F cassette compartments

The machine will only operate if a cassette is loaded into eachcompartment. The recording is made onto each cassette, simultaneouslyand identically.

The doors are opened and closed by gently pulling or pushing the flapon the top of the doors.

The cassettes are loaded by placingthem in the compartments with theexposed tape upwards. Side Afaces outwards, with the full spool onthe right.




G speaker

It is through this that the alarm will sound. (The recording on thecassettes cannot be played back on this machine.)

H time button

Whenever the machine is recording, a “speaking clock” (built into themachine) is simultaneously recorded onto one of the channels of thetapes.

The clock is permanently set to Greenwich Mean Time. This means thatat some times of the year your watch will differ with the tape machine byone hour. Ignore this difference. Always go by the time on your watch.

When the time button is pressed, the “speaking clock” can be heardthrough the speaker.

When the button is released, you can no longer hear the “speakingclock” through the loudspeaker but it will continue to be recorded ontoone channel of the tapes.

I digital timer

This displays the running time of the recording on each pair of cassettes,in whole minutes.

It will be blank unless both compartments are loaded with a cassette.

It will automatically reset to zero for the next pair of cassettes if acompartment is left empty for 10 seconds.

J microphone indicator lights

The microphone circuit is fitted to the wall of the room and includes fourmicrophone sockets. It is connected to the machine by the recordingcable (C).

The microphone indicator lights on the four-light machines are numbered1, 2, 3, 4, to correspond with each of the microphone sockets. Each lightwill illuminate, green, individually, if a microphone is plugged into itscorresponding socket. This will indicate that the machine is receiving asignal from that microphone.

However, it may flash red in response to raised voices. This is not aproblem. Just ask the person to avoid shouting. Constant shouting willcause the light to show continuous red. If the suspect will not stopshouting you should end the interview (stating the reason) as therecording is likely to be distorted.




L The tape cassettes

The cassettes are C90 but only one side of the tape is used (always the'A' side) and this results in a recording time of 45 minutes.

Audio cassettes have a recording surface on one side of the tape only.This is divided into two tracks. One track only is used to record aninterview.

Each track is divided into two halves, one for each channel. One channelis used to record the voices from the microphones. The other is used torecord the automatic “speaking clock” throughout the interview.

The speaking clock, whilst being audible in play-back, does not interferewith the clarity of the voice recording. The play-back machine can controlthe volume of each track, so the speaking clock can be turned downduring play-back.

The cassettes are obtained from the Custody Officer and should alwaysbe received with the outer cellophane seal intact. Never accept acassette on which the seal has been broken if you intend to use it torecord an interview. However, such cassettes can be used to test themachine.

Taking action to enable the person interviewed and a Court to besatisfied that the tapes could not have been interfered with is knownas....

.....protecting the integrity of the tapes

This is achieved by strictly adhering to the following rule:-

Cassettes used for making the recording:

(a) must only be unsealed in the presence of the interviewee.

AND




(b) once the seal has been broken, must never leave the sight of:

- the interviewee

AND

- a police officer

until they have been resealed.

Tasks of assisting interviewer

Before starting the interview you should obtain the assistance of acolleague. Your colleague’s main tasks will be to:

- note the time shown on the digital minute timer when significantpoints of evidence are discussed,

- produce exhibits that are relevant to the interview,

- make sure that you have addressed all your pre-set objectives,etc.

Your colleague should be as familiar with the case as you are. If this isnot so, thoroughly brief him/her before you begin the interview.

Now you can collect the prisoner from the Custody Officer.

Once you have taken custody of the prisoner fromthe Custody Officer, you are responsible for ensuring that the Codesof Practice regarding his treatment are complied with.




Arrival in the interview room

On arrival in the interview room, your first objective should be to get therecorder going so that as little as possible of your time with the suspectis un-recorded. The tape is your ally in refuting any allegation ofinappropriate conduct.

However, you must remember that it is important that the suspect isconfident in the fairness of the procedure, so you should explain what ishappening.

The process should follow the following pattern:-

1. Everybody sit down

Seat the suspect so that you or your colleague is between him or herand the door.

2. Show the SEALED tapes to the suspect

Point out that they are sealed, before you break the seal.

3. Break the seals on two of the tapes

Make sure that the suspect can see you do this. Leave the remainingtapes, intact, close to hand.

4. Load the tapes into the machine and immediately press therecord button




The Interview

(Codes of Practice Code E, Section 4)

Formally introduce the interview using Form 988B - Aide Memoire -Taped Interview of Detained Person.

Remember, the Codes of Practice (COP) stipulates how an interviewshould be introduced. Use the Form 988B to ensure that you cover allthe points. Failure to comply with COP could render the interviewinadmissable. Don't try to memorise the information on Form 988B.You may forget something which could make the interview inadmissable.

Always read the introduction from it.

Remind suspect what it is he/she has been arrested for, and why it ishe/she is being interviewed.

i.e. “You have been arrested because you were in possession of asubstance believed to be a controlled drug, and I want tointerview you about your possession of that substance.

Now is an opportunity for you to give your explanation of thecircumstances.”

When identifying all the persons present in the room, they shouldall introduce themselves so that their voices can be identifiedduring play-back.




METROPOLITAN POLICE SERVICE Form 988B

Aide Memoire – Taped Interview of Detained Person

Prior to the interview, make sure you are properly prepared and understand the points you need to cover and the relevant provisions of the Codes of Practice

Remember the Principles of Investigative Interviewing and make sure you ask all the relevant questions you need to ask to obtain accurate and reliable information in order to discover the truth.

INTRODUCTION ON COMMENCEMENT or RE-COMMENCEMENT OF TAPED INTERVIEW Load tape recorder in sight of the subject and any others present, set it to record and state:- “This interview is being tape recorded;

I am (rank and = name) ………….. attached to ………….. Police Station/Branch/Department.

The other officer(s) present is/are (rank and = name) ……….. attached to ……….. Police Station/Branch/Department.

We are in the interview room at ………….. Police Station.

I am interviewing ………….. (ask subject to state full name).

“There is no other person present” or “Also present is”:−

(a) Solicitor/legal representative – Ask person to state name, firm and status under Code C6.12. The person may also continue and explain their role and duty towards their client.

(b) Appropriate adult – Ask person to state name and relationship with subject, then inform them:−

“You are not expected to act simply as an observer and the purposes of your presence are first, to advise the person being questioned and to observe whether or not the interview is being conducted fairly, and secondly, to facilitate communication with the person being interviewed.”

“The date is ………….. and the time is ………….. “ (NOTE TIME ON SEAL)

“This interview is being tape recorded and it may be given in evidence if your case is brought to trial.”

“At the conclusion of the interview, I will give you a notice explaining what will happen to the tapes.” Explain right to legal advice to subject:-

“I must remind you that you have the right to free and independent legal advice. You can speak to a solicitor in private at any time of day or night and this legal advice is free. You can speak to a solicitor in person. If you do not want to speak to a solicitor in person, you can speak on the telephone. If you do want legal advice or you want your solicitor present, the interview can be delayed unless certain exceptions apply. Do you want to speak to [a] [your] solicitor?” or “Do you want them present at the interview?”

If the subject has declined to speak to a solicitor either in person or on the telephone, ask:− “Would you like to tell me why you do not want legal advice, you are not obliged to give any reasons?”

Once it is clear that the subject does not want legal advice, you should cease to ask the subject to give reasons. Confirm the position by asking:-

“Are you quite sure that you do not want to speak to a solicitor in person or on the telephone?” If the subject previously asked for legal advice but has changed their mind and an Inspector or above has authorised the interview to proceed, confirm the position, e.g. by saying:−

“I understand that previously you asked for legal advice but you since changed your mind. You spoke to Inspector (= name) ………….. and told him/her that you no longer wanted leagl advice because (state reasons) …………. and the Inspector then gave authority for the interview to go ahead. Do you agree that this is correct and that you are willing to be interviewed without speaking to a solicitor?”

= use warrant or other identification number rather than names in terrorism and other cases to which Code E paragraph 2.3 applies. [……….] omit words as appropriate.




Begin interview….. “You do not have to say anything, but it may harm your defence if you do not mention when questioned

something which you later rely on in court. Anything you do say may be given in evidence.”

OR IF THE RESTRICTION ON DRAWING INFERENCES FROM SILENCE APPLIES (see Code C.10 and Annex C), e.g.: If subject has asked for legal advice but the interview is to proceed before they have received advice and they have not changed their minds about wanting legal advice, state reasons, e.g.;

“You asked for [legal advice] [your solicitor to be present] but this interview will proceed BEFORE [you speak to a solicitor] [your solicitor arrives] because:−

(a) “Superintendent (= name) …………..

(i) has authorised delaying your access to legal advice.”

(ii) has reasonable grounds for believing that delaying the interview will involve an immediate risk of harm to persons and/or serious loss of, or damage to, property and you are to be interviewed now in order to obtain sufficient information to avert that risk.”

(iii) has reasonable grounds for believing that awaiting the arrival of the solicitor you asked for would cause

unreasonable delay to the investigation.” (b) “Inspector (= name) ………….. has agreed that the interview can go ahead because:-

“the solicitor you asked for [cannot be contacted] [has indicated they do not wish to be contacted] [has been contacted but declines to attend or speak to you] AND you declined to ask for the Duty Solicitor” or “the Duty Solicitor is not available.”

(ALSO : in these cases, the special warning cannot apply (C.10.10 & 10.11) “You do not have to say anything, but anything you do say may be given in evidence.” Be prepared to explain caution in your own words if subject does not appear to understand what it means.

Significant statements/silence: Put to the subject any significant statement or silence (see Code C11.4A/Note 11E) which occurred prior to the taped interview and ask the subject whether they confirm or deny that earlier statement or silence and wishes to add anything. Any other previous questions and answers, including relevant comments may also be dealt with similarly. If applicable, invite the subject to read and sign any written record of comments made in accordance with Code C11.13/Note 11E.

CONCLUDING AN INTERVIEW “Do you wish to add anything further or to clarify any point or anything you have told me?” “Here is a notice (Form 987) which explains the entitlement to a copy of the tapes used in this interview.” Invite subject and any solicitor and appropriate adult present to read the notice. After notice has been read, invite subject/appropriate adult to sign it and give copy to subject, then state:- “This interview is concluded at ………….. on ………….. “ (NOTE TIME ON SEAL)

===TURN OFF TAPE RECORDER=== ADMINISTRATION 1. Write name and custody number on each tape.

2. Complete details on the tape seal Form 988. All subject and any third person present to sign this form.

Note: If subject or third party refuse to sign, contact an Inspector or above or if not available, the Custody Officer, who must attend and = sign the tape seal Form 988.

3. Take lugs off master tape, place in box and seal with tape seal (Form 988).

4. Ensure each master tape is appropriately marked when more than one tape is used.

5. Pass master tape(s) to Custody Officer.

6. Give copy tape to solicitor/subject if subject charged or told he/she will be prosecuted. Signature on custody record required.

7. Make sure that you remove ALL exhibits from the interview room.

8. Note the fact that the interview has taken place and has been recorded on tape, its time, duration and date and the identification number of the master tape(s). (Code E5.1)

= use warrant or other identification number rather than names in terrorism and other cases to which Code E paragraph 2.3 applies. [……….] omit words as appropriate. MP 457/03




Non-verbal responses

You will have learnt about the power of non-verbal communication. Youshould have developed a degree of skill in reading it in others and usingit yourself.

In the contextof a tape-recordedinterview, non-verbalcommunicationis a selfcontradictingterm.

A nod is as good as a wink to a blind tape-recorder! If it cannot beheard, it cannot be recorded.

Look at the following series of pictures:-

In the left hand column below, write down the answer to eachquestion communicated to you by the verbal and non-verbalresponses.

The right-hand column is what will be on the tape-recording.Nothing but unanswered questions.

You may be thinking, “But when I write the summary of the interview, Ican put in the non-verbal responses.”




Two questions:-

1. What if you cannot remember what the non-verbal responseswere?

2. If the suspect disputes your interpretation of his non-verbalresponses, how can you prove that it is correct?

So, non-verbal responses have to be converted to verbalresponses. That means that the suspect, not you, has to put intowords what he is communicating non-verbally.

For example:-

“You nodded your head in

answer to that last question.Please answer ‘Yes’ or ‘No’.”

“What do youthink I meanwhen I nod myhead. It’sobvious isn’t it?”

“I know it sounds a bit fussy but

the tape-recorder can't recordyour answer if you don’t say it.”

“Oh for God’ssake!”

“When you nodded your head to

that last question, did you mean“Yes”?”

“Yes.”

“Thank you. I’m sure you’ll agree

that it is important that what youwant to say is not misunderstood.Recording it on the tape ensuresthat I don’t misinterpret it.”




OR:-

“He hit me here.”

“Which side of the head?”

“Can you SAY where he hit you?”

“Here, on the head?”

“This side.”

“You’re pointing to the right sideof your head, just in front ofyour ear. Is that where he hityou?”

“Yes.”

“What did he hit youwith?”

“A stick, about this big.”

“You’re holding your hands about

eighteen inches apart. Are yousaying that’s how long the stickwas?”

“Yes.”




End of a tape

Your interview may last longer than the length of one tape.

The alarm will sound for about one second when the tape is nearing theend. This is the same sound as the ten second alarm that you heardwhen the tape leader was running through at the beginning of the tape.

The length of tape left to run is unpredictable but is usually about 2minutes. On hearing the warning signal you should change tapes assoon as possible. However, there will be enough time for you to followthe procedure for changing the tapes unhurriedly.

You may be at a point in the interview where the interruption caused bychanging the tapes will spoil the flow at a crucial point. There is noalternative to changing the tapes. They will run out, no matter howinconvenient it will be!

The skill is, to recognise when you are about to enter a crucial phase ofthe interview and anticipate how long it will last. Check the minute timerand, if you think that there is not enough tape left to run, change thetapes at a convenient point in anticipation of it - no matter how muchtime is left unused.

Changing the tapes

If an interview generates more than one pair of tapes there is a potentialfor confusion.

To avoid this, as soon as the new tapes are placed in the recorder,you must immediately mark the tapes you have removed. (Not theboxes, just the tapes.)

The process of changing the tapes should be as follows:-

1. Say that you are going to Change the tapes.

2. Unseal a new pair of tapes whilst the old tapes are still running, sothat the suspect can see, and describe what you are doing.

3. State that you are Turning off the recorder and the Time.




For example:-

“I think this is an appropriate time to change the tapes. I amunsealing a new pair of tapes to place in the recorder and I amnow going to turn off the recorder whilst I do this. The time is7.40pm.”

4. Press the “stop” button.

5. Remove both tapes and put them on top of the recorder.

6. Insert the new pair of tapes in the machine and press the “record”button. The alarm will sound for ten seconds as the tape leaderruns through, after which the recording is “live” again.

7. Mark the pair of tapes you have just removed.

Make sure that the cassettes have a label stuck on the “A” side. If it isnot already attached, it will be in the cassette box.

Each of a pair of tapes should be given the same number and spaceleft for the total number of tapes, to be inserted at the end of theinterview. One should be marked “MASTER” and the other “WORKINGORIGINAL”.

For example-:

MASTER 1 of ....

WORKING ORIGINAL 1 of ....

When you are marking the working original write very small. There ismore information to be put on the label later.

The recorder should never be off for more than a few seconds.

There is no need to seal the tapes at this point.




8. Continue the interview on the new tapes

Always begin by:-

(a) stating the time,

(b) stating that this tape is a continuation,

(c) making it clear that the suspect’s rights have not changed.

For example:-

Identifying exhibits used in the interview

In some interviews you may wish to show an object to a suspect andask questions about it. All such objects become exhibits which must begiven an exhibit number. The tape recorder is blind, so you will needto:-

* give a brief description of the object and

* specifically identify it by stating its exhibit number.

All of this should be sorted out in the preparation for the interview.

Closure of the Interview

When you decide that:

- you have sufficient evidence for a prosecution to succeed, or

- you are unlikely to obtain any more evidence from the interview,or

- you need to make further enquiries,

you should close the interview.

“The time is 7.41pm. I amcontinuing with the interview on thistape. What I told you at the beginningof the interview about your right notto say anything unless you wish toand that, if you do, it may be used inevidence still applies. Your right toconsult a solicitor still applies. Doyou understand?”

“Yes.”




Examples of the further enquiries that you may need to make are:

- discussing what has happened so far with your colleague, thenplanning the next phase,

- seeking advice,

- re-reading statements,

- re-interviewing witnesses,

- interviewing new witnesses,

- revisiting locations,

- visiting new locations

- listening to the recording so far,

You may need to do any or all of the above to check the truth of whathas been said or to fill in gaps in your knowledge that have beenrevealed by the interview.

If you have closed the interview and, after further enquiries, you want toquestion him further, treat it as a new interview and repeat the entire“Interview Process”.

Whatever the reason for closing the interview, the procedure is alwaysthe same:

A (i) Give the suspect the opportunity to add/clarify anything hewishes.

N (ii) Serve the notice (Form 987) about access to the tapes.

T (iii) State the fact that you are ending the interview at the time.(Note this time on the sealing label NOW)

S (iv) Stop the recording.

Form 988B also acts as an aide memoir for the procedure for closing theinterview.




For example:-

“No.”

“I am about to close the interviewnow. Before I do, is thereanything else you want to say?”

“Is there anything that you havesaid that you want to clarify?”

“No.”

“I am now giving you this notice,explaining the use to which thesetapes will be put and how you canhave access to them.”

“I am now ending this interview.The time is 8.05pm.”




This is a copy of the notice (Form 987) that is given to the interviewee:-

Marking and Sealing the tapes

In the presence of the suspect:-

(i) Remove the tapes from the recorder.

(ii) Mark both tapes.

(iii) Seal one tape as amaster.




Sealing the Master Tapes

The master tapes are meant to represent the “tablets of stone” uponwhich are created the irrefutable record of the interview.

All tapes are received from the manufacturer sealed in cellophanewrappers. To prevent tampering, they must never be out of sight of thesuspect unless they are sealed.

At the end of the interview (the seals having been broken) they must beresealed in the presence of the suspect.

The seals used are self adhesive labels. A label is wrapped round theentire cassette box after the tape has been placed in it.

The following is a step-by-step guide to the process of sealing themaster tape:

(a) Complete the label using BALL-POINT pen

The surface of the label is not very absorbent, so felt-tip pens willsmudge.




Below is a facsimile of a sealing label. Read the label and you will seethat there is nothing complicated about completing it. This should bedone, as far as possible, before attaching to the cassette box.




All master tapes become exhibits in the case.

Mark the sealing label with the appropriate exhibit number for eachtape, under “Exhibit Ref” It is advisable to mark all of the mastertapes from the same interview with the same exhibit number, exceptthat you should also give them a sequential letter as well, eg:-

JLM/4A JLM/4B JLM/4C etc.

(b) Break off the recording facility tags on all used cassettes(especially the working originals as these will not be sealed):-

(c) Place “Master” tape in cassette box.




(d) Seal cassette box with re-sealing label:-

(i) Lay cassette box flat on the table.

(ii) Remove the protective cover from the adhesive surface on onecorner of the rear top half of the label. (A diagram on the rear ofthe label explains how to do this easily.)

(iii) Using the still protected adhesive surface to adjust the position, lineup the top of the label with the top edge of the flat face of thecassette box before applying the sticky surface to the box. The lineimmediately below the person interviewed’s name should line upwith the bottom edge of the flat face of the cassette box. (Thecorrect positioning of the label is important, to ease identificationduring storage.)

(iv) Remove the rest of the protective surface from the adhesive side ofthe label and continue to wrap the label round the cassette box untilit overlaps and covers the instructions section at the top of thelabel.

The above procedure must be repeated for all master tapes before theyleave the presence of the suspect.




Dealing with the working original

You should now add to the label on the cassette, the suspect’s fullname and the Custody Number. All of the information on the cassettelabel should be repeated on the cardboard label of the cassette box, sothat it can be read from the outside.

So, the information that should be shown on the cassette label and thecassette box label, so that it can be read without opening the box is:-

(i) Tape number (1(etc) of 1(etc))

(ii) Suspect’s full name

(iii) Custody Number

Recording the fact that an interview was conducted

Unless somebody says so in evidence, the fact that an interview wasconducted will not be known to a Court. Therefore, whatever method isused for recording an interview, the interviewing officer must alwaysrecord in writing that an interview was conducted.

That record must be written in his/her EAB or Notebook, as appropriate,and should consist of the following:-

(a) The fact that an interview was conducted.

(b) That it was tape-recorded.

(c) The date/time/duration of the interview.

(d) The seal numbers of all of the master tapes.

This entry must be signed by the officer conducting the interview.




Disposal of used cassettes

Working original tapes:-

These tapes are for:

- the interviewing officer to prepare the written summary of theinterview,

- the prosecutor to review the content of the interview,

- providing copies to interested parties to the case.

The tapes form part of the case papers. You should deal with themaccording to local directions. Take care of the working originals. Ifthey are lost or the recording is damaged, the only way that a copy ofthe interview tape-recording can be obtained is by unsealing the masters.This is a process which will cause all persons concerned (especiallyyou!) a great deal of inconvenience.

Master tapes:-

When they are sealed, hand them to the Custody Officer who will listthem on the Custody record and Book 105, and be responsible for theirsecurity.

Return the suspect to the Custody Officer

You must report to the Custody Officer any requests that the prisonerhas made and any action you have taken regarding him.

© 2010 Metropolitan Police Authority.

All world-wide rights reserved. No part of this work may bereproduced, stored in a retrieval system, or transmitted in any formor by any means: photocopy, electronic, mechanical recording orotherwise, without the prior written permission of the copyrightholder.

Subject to Crown Copyright. Enquiries telephone 020 8358 1668.

Lesson verified by The Crime Academy (SCD20) - April 2005.

End ofLesson

interviewing suspects 3 - tape recording interviews · the tape-recorder, inclusive. 11. state the...

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