SCHEDULES
SCHEDULE 8 Detention
Part I Treatment of persons detained under section 41 or Schedule 7
Audio and video recording of interviews
3
1
The Secretary of State shall—
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.
I14
1
This paragraph applies to a code of practice under paragraph 3.
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.