PART 2Investigations

Interviews while detained10

1

This regulation applies where a relevant party is required to attend an interview while he or she is detained.

2

Subject to paragraphs (3) and (4), a relevant party must be given at least three working days written notice of the date and time of the interview and how it is to be conducted.

3

A relevant party may agree to an interview taking place with less than three working days notice.

4

The notice mentioned in paragraph (3) need not be in writing.

5

An interview may take place in person or by telephone; and a reference in this regulation to how an interview is to be conducted is a reference to whether it is to take place in person or by telephone.

6

Subject to paragraph (7), regulations 7 and 9 do not apply where a relevant party is required to attend an interview under this regulation.

7

Where a relevant party is interviewed by telephone—

a

paragraph (5) of regulation 9 applies as if the words “(and, as the case may be, the other relevant party)” in sub-paragraph (b) were omitted; and

b

paragraph (6) of that regulation applies as if—

i

the words “(or the other relevant party)”;

ii

the words “(or, as the case may be, the other relevant party)” in sub-paragraph (a);

iii

the words from “or with” to the end in sub-paragraph (b); and

iv

the words “(or, as the case may be, the other relevant party)” in sub-paragraph (c),

were omitted.