Perceptions of Security and Reassurance at the ... - School of Law

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As for records of interviews, the Terrorism Act2000 (Code of Practice on Audio Recording ofInterviews) Order 2001 56 allows for a code ofpractice in connection with the audio recording.The Terrorism Act 2000 (Code of Practice onAudio Recording of Interviews) (No 2) Order2001 57 demands that any interview shall be recordedin accordance with the audio code. The audiorecording of interviews shall be carried out openly,and the interview rooms at Paddington Greencontain obvious banks of equipment. The whole ofeach interview shall be audio recorded, includingthe taking and reading back of any statement. Inthis way, there is no provision for ‘off-the-record’conversations, though there is no definition of‘interview’ and ‘public safety interviews’ apparentlydo not count. 58The Terrorism Act 2000 (Video Recording ofInterviews) Order 2000 59 provides for interviewsonly in Northern Ireland to be recorded by videowith sound, and then the current Terrorism Act2000 (Code of Practice on Video Recording ofInterviews) (Northern Ireland) Order 2003 60 allowsfor a detailed code of practice. There is norequirement for routine video recording ofinterviews in Britain, though custody areas may berecorded, 61 and the police often favour the videorecordingof interviews.With all these safeguards in place, can British security authorities deal effectively with the 'tickingbomb' scenario and the temptations to apply torture to avert an outrage? Leaving aside thespuriousness of the hypothetical, any dilemma has in practice been answered by ‘safety interview’ -an off-the-record interview in order to protect life or against serious property damage. 62Family and other contactsRights to have a person informed of the detention are granted by the Terrorism Act 2000, whichplaces greater emphasis than normal on the grant of family visits. At Paddington Green, familyvisits are infrequent, but telephone contacts are daily.Independent custody visitors may attend under the usual rules. Code H also envisages thepossibility of other 'official' visitors, including accredited faith representatives, members ofParliament, and public officials (such security agents) needing to interview the prisoner in thecourse of their duties. There is no right of access in these cases, and custody officers 'should have56 SI 2001/159.57 SI 2001/189. PACE Code E is not applicable: para 3.2.58 R v Ibrahim [2008] EWCA Crim 880.59 SI 2000/3179.60 SI 2003/110.61 PACE Code H para 3.11; PACE Code F para 3.2.62 See R v Ibrahim [2008] EWCA Crim 880.67
particular regard to the possibility of suspects attempting to pass information which may bedetrimental to public safety, or to an investigation.' 63Under the Coroners and Justice Act 2009, section 117, the remit of the Independent Reviewer ofTerrorism Legislation is modified to make explicit that the officer may 'in particular' investigate thetreatment of detainees after 48 hours, including by real time observation. Section 117 also places aduty on police authorities under the Police Reform Act 2002, section 51, to ensure thatindependent custody visitors can access audio and video recordings of police interviews and thatcopies of their visit reports are submitted to the Independent Reviewer. However, direct contactwith the detainee is not required.Code H requires a medical check at least daily after detention of ninety-six hours. 64 Doctors shouldconsider not only medical fitness for interview and any signs of injury but also diet and exercise.ConclusionsConditions of detention have much improved compared to the regime prevailing before theTerrorism Act 2000. However, the extreme stress and disorientation intentionally inflicted by thedetention powers should not be underestimated, nor should the potential for infringement ofrights during the initial arrest outside the police station be ignored. 65 It is also notable that severalfurther reforms, including financial compensation and a more extensive independent inspectionsystem, which were on offer in 2008 when the government was seeking to extend detention to 42days, have not been implemented. To this list, one might add other safeguards which would aidclaims to fairness, including more restrictive rules as to the admissibility of any statements orsilences and more detailed rules as to living conditions.63 PACE Code H para.5G.64 PACE Code H para.9.65 Four officers of the TSG unit at Paddington Green are being prosecuted for excessive force in the arrest ofBabar Ahmed: The Times 13 August 2010 p.15.68
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Centre for CriminalJustice StudiesS
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Associate MembersIan Brownlee, Crow
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sophisticated rounded understanding
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PUBLICATIONSBooksAppleton, C. (2010
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