The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes E and F) Order 2010

Statutory Instruments

2010 No. 1108

Police, England And Wales

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes E and F) Order 2010

Made

29th March 2010

Laid before Parliament

31st March 2010

Coming into force

1st May 2010

The Secretary of State makes the following Order in exercise of the powers conferred by section 67(5) of the Police and Criminal Evidence Act 1984 (“the Act”) (1).

The Secretary of State has consulted in accordance with section 67(4) of the Act.

Citation, commencement and interpretation

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes E and F) Order 2010 and shall come into force on 1st May 2010.

Revision of codes of practice

2.  The revised codes of practice laid before Parliament in connection with the matters referred to in—

(a) section 60(1)(a) of the Act (audio recording of interviews with suspects–Code E); and

(b) section 60A(1)(a) of the Act (visual recording with sound of interviews with suspects–Code F)

shall come into operation on 1st May 2010.

David Hanson

Minister of State

Home Office

29th March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 1st May 2010 the revision of Code E (audio recording of interviews with suspects) to permit recording by secure digital network as an alternative to removable media format (audio tape). This follows on from a six month pilot scheme in the Eastern Division of Lancashire Constabulary (introduced by S.I. 2008/167) to trial use of this digital technology in interviews with suspects.

The Order also brings into operation on the same date parallel revisions to Code F (visual recording with sound of interviews with suspects), to enable visual recordings of interviews with suspects to be made by digital recording. Visual recording of interviews is not required, so that Code F provides guidance, but compliance with Code E, whether by way of removable media or digital secure network, is mandatory. Both revised codes are laid before Parliament with this Order.

(1)

1984 c.60; subsections (4) and (5) of section 67 were substituted by section 11(1) of the Criminal Justice Act 2003 (c.44).