Re: Police interview under caution - Reported for harassment
- From: "The Electric Fan Club" <ian.shorrocks@xxxxxxxxxxxxxxxxxxxxxxxx>
- Date: Wed, 8 Feb 2006 09:10:31 -0000
"PeteM" <Otcbn@xxxxxxxxxxxxx> wrote in message
Simon Earl <simon@xxxxxxxxxx> posted
When being interviewed under caution at a police station, does
the suspect have a legal right to record the interview using
his/her own equipment (ie: say a dictaphone)?
Probably no, but he has two other options.
AIUI he has the right to request that a solicitor is present and that a
copy of the police's recording of the interview is given to the
The accused must be given a copy of the police recording - the accused must
also be given the choice of which of the 2 tapes he takes. There is nothing
to stop him making a copy for his solicitor.
Second, he has the right to say nothing unless the police agree to the
dictaphone. If in court the prosecution draws attention to his silence,
They cannot do this. He has a right to remain silent - period - and the
police caution specifically states this. The prosecution cannot infer guilt
from this silence. What they can do is attempt to prevent him from
enetering a defence that he didn't tell the police about at the time of his
he can explain it by saying he withdrew cooperation at interview because
the police refused to allow him a perfectly reasonable request. If I
were a juror hearing this explanation, I would instantly decide to
acquit the defendant unless other evidence was overwhelming.
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