Audio and video recording of interviewsU.K.
3(1)The Secretary of State shall—U.K.
(a)issue a code of practice about the audio recording of interviews to which this paragraph applies, and
(b)make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).
(2)The Secretary of State may make an order requiring the video recording of—
(a)interviews to which this paragraph applies;
(b)interviews to which this paragraph applies which take place in a particular Part of the United Kingdom.
(3)An order under sub-paragraph (2) shall specify whether the video recording which it requires is to be silent or with sound.
(4)Where an order is made under sub-paragraph (2)—
(a)the Secretary of State shall issue a code of practice about the video recording of interviews to which the order applies, and
(b)the order shall require the interviews to be video recorded in accordance with any relevant code of practice under paragraph (a).
(5)Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound—
(a)he need not make an order under sub-paragraph (1)(b) in relation to those interviews, but
(b)he may do so.
(6)This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station.
(7)A code of practice under this paragraph—
(a)may make provision in relation to a particular Part of the United Kingdom;
(b)may make different provision for different Parts of the United Kingdom.
4(1)This paragraph applies to a code of practice under paragraph 3.U.K.
(2)Where the Secretary of State proposes to issue a code of practice he shall—
(a)publish a draft,
(b)consider any representations made to him about the draft, and
(c)if he thinks it appropriate, modify the draft in the light of any representations made to him.
(3)The Secretary of State shall lay a draft of the code before Parliament.
(4)When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
(5)The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.
(6)The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
(7)A code—
(a)shall be admissible in evidence in criminal and civil proceedings, and
(b)shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
Commencement Information
I1Sch. 8 Pt. I para. 4 partly in force; Sch. 8 Pt. I para. 4 not in force at Royal Assent see s. 128; Sch. 8 Pt. I para. 4(1)-(5) in force at 12.10.2000 by S.I. 2000/2800, art. 2(c)(ii); Sch. 8 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2