SCHEDULES
C2C1SCHEDULE 8 Detention
Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
Part I Treatment of persons detained under section 41 F1or 43B or Schedule 7
Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)
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.
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))