FRS recording under caution interviews

[messy]

Does anyone know whether any fire authority records (under caution) interviews using tape or digital equipment, or are FRS still using pen & paper to record verbatim?

[PhilB]

Many brigades use tapes, there will always be a need to record in writing for example on site if questions are put to a suspect regarding an offence.

[jokar]

If you accord to PACe then you shpould use twin decked tape machines.

[PhilB]

If you accord to PACe then you shpould use twin decked tape machines.

Single decked machines can be used

[CivvyFSO]

Messy, where I am interviews under caution are done at Headquarters on twin tapes under PACE.

Some brigades may caution on site and take contemporaneous notes as soon as they think an offence has been committed.

Jokar, as much as it pains me to say it, PhilB is right:-

"If a single deck/drive machine is used the working copy of the master recording must be made in the suspect’s presence and without the master recording leaving their sight. The working copy shall be used for making further copies if needed." [Police and Criminal Evidence Act (PACE) 1984, Page 200]

[Big A]

Still scribing.

[PhilB]

Messy, where I am interviews under caution are done at Headquarters on twin tapes under PACE.

Some brigades may caution on site and take contemporaneous notes as soon as they think an offence has been committed.

Shouldn't all inspectors be comptent and prepared to issue the caution and interview on site if necessary?

Yes in an ideal world the interview is best carried out in an office with all the appropriate facilities.

But what happens in your brigade Civvy when an inspector is making his contemporaneous notes and wishes put questions to a suspect regarding the offence??

...... a caution must be issued or the evidence may be deemed inadmissable.

[FSO]

Tape for formal PACE interviews.

Contemporaneous notes for on site PACE interviews under caution. Written Verbatimly. Dam my hands ache!

[CivvyFSO]

Messy, where I am interviews under caution are done at Headquarters on twin tapes under PACE.

Some brigades may caution on site and take contemporaneous notes as soon as they think an offence has been committed.

Shouldn't all inspectors be comptent and prepared to issue the caution and interview on site if necessary?

Yes in an ideal world the interview is best carried out in an office with all the appropriate facilities.

But what happens in your brigade Civvy when an inspector is making his contemporaneous notes and wishes put questions to a suspect regarding the offence??

...... a caution must be issued or the evidence may be deemed inadmissable.

My contemporaneous notes (or audit form) would be made available for the defence, but would not be used as part of the prosecution as the interview under caution, backed up by photographs/digital images/video and my statement should suffice.

There are times when an on-site caution may be appropriate, but bear in mind that if there's enough of a problem to constitute an offence, it will more than likely be something that photographic evidence will prove quite nicely.

[PhilB]

My contemporaneous notes (or audit form) would be made available for the defence, but would not be used as part of the prosecution as the interview under caution, backed up by photographs/digital images/video and my statement should suffice.

That may work perfectly well but a word of caution...excuse the pun. If the suspect declines to attend a formal interview, which he is perfectly entitled to do the only evidence you will have is your contemporaneous notes.

If those notes can be deemed inadmissable because a caution should have been given, you have no evidence and therefore no case.

[CivvyFSO]

There would be my statement as a witness of fact written shortly after the visit. Plus any photos.

I take your point though.

[PhilB]

There would be my statement as a witness of fact written shortly after the visit. Plus any photos.

I take your point though.

Civvy your statement as a witness of fact may not be accepted without contemporaneous notes, what are the photos of??? how does a Court know that??

If it isn't recorded, it didn't happen.

[CivvyFSO]

Contemp notes are there and are disclosed but we are not referring to them as 'evidence' as part of our prosecution.

[Midland Retty]

Contemp notes are there and are disclosed but we are not referring to them as 'evidence' as part of our prosecution.

True but your witness statements and exhibits will be based on your notes potentially

[black arts]

My Brigade use twin taped machines
contemporaneous notes will be taken, we will not normally interview on site , fraut will dander (PACE code C, & Human Rights)

Have attended court for fire safety offences many times never had to refer to my contemporaneous notes,
your notes will produce the written statement with your photographic evidence