Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

8.5.7. Recording a forensic procedure on the Electronic Recorded Interview of
Suspected Person (ERISP) camera
Several survey responses indicated that commands had difficulty electronically recording forensic procedures
because of the cost of the tapes, camera maintenance and having to train officers to use the camera.
Some of the police officers we interviewed during our audits suggested that instead of recording forensic procedures
on a separate video, they should be conducted immediately after an interview, and recorded on ERISP. This has
several advantages – it would save time and be more convenient, as police would not have to set up any additional
equipment; the quality of the recording would be more consistent; and the continuity it would provide would ensure
the provision of information and consent process were captured on video. It may also address some of the concerns
police have about having to record the processes associated with the taking of photographs.
We understand that forensic procedures are currently recorded on a separate video for a number of reasons: 763
• It was originally anticipated that forensic procedures be conducted in a separate, dedicated forensic
procedures room. We note this is rarely the case – in almost every police station forensic procedures are
conducted in the ERISP room.
• ERISP cameras are fixed, and zoom in and out at regular intervals, to show expressions on the suspect’s face
as well as who is present in the room. This was developed to address criticism from the courts about not being
able to see the suspect’s face properly. Having a hand operated video camera may be better for forensic
procedures so that all the people in the room can be identified, and so that the opening and sealing of the
tamper evident bag can be captured on video.
• Not all forensic procedures are conducted after an interview. The person undergoing the procedure may be a
volunteer, or a suspect who is not under arrest.
• Not all forensic procedures are conducted in police stations. Some may be conducted in hospitals or on some
occasions in a person’s house.
• Transcription costs for ERISPs would increase dramatically. We note this could be easily overcome, by
transcribing only the interview, and not the forensic procedure.
• It would not be possible to destroy the record of the forensic procedure without destroying the entire tape.
We note that the Act provides that an electronic recording of a forensic procedure may be retained for such
period as the Commissioner of Police directs, provided that it is stored so as to protect it against unauthorised
access or use. 764
We also note that many police stations now have digital video facilities, and that video cameras are being more widely
used, for example in search warrants and in police vehicles. As the equipment becomes more widely used, police
may experience fewer difficulties with it.
However, recording a forensic procedure at the end of an ERISP, where possible, may streamline the procedure
and may benefit both police and the suspect by minimising the length of time the person spends in custody, and by
ensuring there is an objective record of all that is said and done in relation to the procedure. Provided any technical
issues can be resolved, this may be the most efficient and effective manner to record forensic procedures, especially
for suspects under arrest.
8.5.8. Choosing not to have the procedure recorded
Police must inform suspects and volunteers that they may object to having the procedure recorded. If the forensic
procedure is not electronically recorded, it must be carried out in the presence of an independent person, who is not
a police officer. The suspect or volunteer may waive the right to have an independent person present. 765
144
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000