LegalizeThe Police and Criminal Evidence Act 1984(Tape-recording of Interviews) (No. 1) Order 1991
MadeMade: 29th November 1991
Laid before Parliament: 6th December 1991
Coming into force: 1st January 1992
Now, therefore, in pursuance of the said section 60(1)(b), the Secretary of State hereby orders as follows:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 1) Order 1991 and shall come into force on 1st January 1992.
2
This Order shall apply to interviews of persons suspected of the commission of indictable offences which are held by police officers at police stations in the police areas specified in the Schedule to this Order and which commence after midnight on 31st December 1991.
3
- (1) Subject to paragraph (2) below, interviews to which this Order applies shall be tape-recorded in accordance with the requirements of the code of practice on tape-recording which came into operation on 29th July 1988 as it has effect for the time being.
- (2) The duty to tape-record interviews under paragraph (1) above shall not apply to interviews—
- (a) where the offence of which a person is suspected is one in respect of which he has been arrested or detained under section 14(1)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989[^f00004]; or
- (b) where there are reasonable grounds for suspecting that the offence of which a person is suspected is connected to terrorism to which this paragraph applies or was committed in furtherance of the objectives of an organisation engaged in terrorism to which this paragraph applies; or
- (c) where a person is suspected on reasonable grounds of an offence under section 1 of the Official Secrets Act 1911[^f00005].
- (3) In paragraph (2)(b) above, “terrorism” has the same meaning as in section 20(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989[^f00006]; and paragraph (2)(b) above applies to terrorism if it is—
- (a) terrorism connected with the affairs of Northern Ireland; or
- (b) terrorism of any other description except terrorism connected solely with the affairs of the United Kingdom or any part of the United Kingdom except Northern Ireland.
SCHEDULE — POLICE AREAS WHERE THE TAPE-RECORDING OF INTERVIEWS IS REQUIRED AFTER MIDNIGHT ON 31ST DECEMBER 1991
| Avon and Somerset Bedfordshire Cambridgeshire Cheshire City of London Cleveland Cumbria Derbyshire Devon and Cornwall Dorset Durham Dyfed-Powys Essex Gloucestershire Greater Manchester Gwent Hampshire Hertfordshire HumbersideKent Lancashire Leicestershire Lincolnshire Merseyside Metropolitan Police District Norfolk Northamptonshire Northumbria North Wales North Yorkshire Nottinghamshire South Wales South Yorkshire Staffordshire Suffolk Surrey Sussex Warwickshire West Mercia West Midlands West YorkshireWiltshire |
|---|
Signed
Kenneth Baker — One of Her Majesty’s Principal Secretaries of State — 29th November 1991
Explanatory note
(This note is not part of the Order)
This Order requires the tape-recording of interviews held by police officers at police stations in the police areas mentioned in the Schedule to the Order with persons suspected of the commission of indictable offences. By virtue of article 3(2) interviews about certain offences connected with terrorism, and offences under section 1 of the Official Secrets Act 1911, are excluded.
The Order comes into force on 1st January 1992 and applies to interviews commencing after midnight on 31st December 1991.
Footnotes
[^f00001]: 1984 c. 60.
[^f00002]: S.I. 1988/1200.
[^f00003]: S.I. 1991/2686.
[^f00004]: 1989 c. 4.
[^f00005]: 1911 c. 28.
[^f00006]: 1989 c. 4.
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