4) Recording Information

Question 1

If material that may be relevant to the investigation consists of information that is not recorded in any form, what must the OIC do?

Answer 1

The OIC must ensure that it is recorded into a durable or retrievable form, whether in writing, vidoe/audio tape, or digitally.

Question 2

What should happen if it is not practicable to retain the initial record of information because it forms part of a larger record which is to be destroyed?

Answer 2

Its contents should be transferred as a true record to a DURABLE and MORE EASILY-STORED form before the larger record of which it is part is destroyed.

Question 3

If negative information MAY be relevant, need it be recorded?

Answer 3

Yes.

Question 4

Where information that may be relevant is obtained, when must it be recorded?

Answer 4

At the time it is obtained or ASA(Pr) afterwards.

Question 5

If information is not recorded contemporaneously, or ASA(Pr) after it is obtained, could this affect its admissibility? Is this required in statute?

Answer 5

Yes. It is required under Section 78 of PACE 1984.

Question 6

does the requirement to record information promptly require an investigator to take a statement from a potential witness where it would not otherwise be taken?

Answer 6

No.