Operational partnerships - Remote monitoring of suspect interviews SOP (Q01q)

1. Summary of changes

1.1. This standard operating procedure (SOP) has been reviewed in July 2022 – no amendments to content have been made.

2. What this procedure is about

2.1. This standard operating procedure is published to provide staff with clear guidance in relation to the remote monitoring of suspect interviews.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. Some interview rooms within Kent custody suites are fitted with equipment that allow suspect interviews to be monitored remotely by a third party.

3.2. Remote monitoring of interviews can improve the quality of an investigative interview by ensuring all the questions are properly covered, appropriate interview techniques are used and any investigative opportunities are thoroughly explored.

3.3 Remote monitoring of interviews can also assist with the quality control of interviews and with the training and development of interviewers and may take place without the consent of the detained person, but they must be informed their interview is being remotely monitored.

3.4. If a solicitor raises objections about the remote monitoring of an interview it should be made clear to them that they have no legal basis for such objections. If they continue to object, then consideration should be given to treating them as obstructive as per Police and Criminal Evidence Act Code of Practice Paragraph C 6.10 – C 6.11 (the removal of a solicitor).

3.5. Use of remotely monitored interview rooms

3.5.1. To ensure there is no possibility of legally privileged conversations being listened to, interview rooms with remote monitoring equipment must not be used for the following consultations:

1. legal representatives and any detained person
2. legal representative and appropriate adult
3. appropriate adult and detained person

3.5.2. The interview room with remote monitoring equipment can be used for:

1. training inexperienced officers
2. quality control of interviews
3. as part of the investigative process by senior investigating officers or any officer involved in the investigation

3.5.3. The remote monitoring system should only operate when the audio recording device is turned on.

3.5.4. The equipment should incorporate a light, clearly visible to all within the interview room, which is automatically illuminated as soon as the remote monitoring is activated.

3.5.5. The interview rooms with remote monitoring facilities must contain a prominently displayed notice that informs people using the interview room that it has remote monitoring facilities.

3.5.6. At the beginning of an interview, the interviewer must explain the contents of the notice to all those present in the interview and the explanation of the notice should itself be audio recorded. 

3.5.7. The fact that an interview, or part of an interview, was recorded must be entered in the suspects Athena custody record or if the suspect is not in police detention, the interviewer’s pocket book or day book.

3.6. Communication during interview

3.6.1. A member of staff who is remotely monitoring an interview should not usually try to communicate with the interviewers during the interview as this is likely to disrupt the interview process. The need for interruptions can be reduced by ensuring there are regular planned breaks between the interview sessions particularly in serious, complex or multiple offence cases, in order to give the interviewers and those monitoring the interview an opportunity to consult with each other.

3.6.2. If communication during an interview is deemed necessary, it must be done by physical interruption.

3.7. Custody record

3.7.1. Careful consideration should be given as to which members of staff will be involved in remotely monitoring the interview.

3.7.2. The fact that an interview or part of an interview is to be remotely monitored should be recorded in the suspect’s custody record within Athena. The entry should include the purpose of monitoring the interview (e.g. to assist with the investigation) and should include the names of each member of staff monitoring it. 

3.7.3. If during a suspect interview there is any communication by or on behalf of the members of staff conducting the remote monitoring, and the interviewer, this must be documented in the suspects Athena custody record and should contain the following:

• name of the person(s) carrying out the remote monitoring
• the reason the interview was interrupted
• whether the interview continued or was terminated

3.8. Disclosure

3.8.1. Kent Police staff must be aware that the content of any such communication during the course of a live interview may be considered relevant material and potentially disclosable. Therefore, any communication must be written down, either in the documentation relating to the interview plan or the interrupting member of staff’s pocket book or day book.

3.8.2. If through any remote monitoring of an interview actions are taken in accordance with Code of Practice C 6.9 - C 6.11 (the removal of a solicitor) then all actions in pursuance of this must be documented in the suspects custody record within Athena.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

• Estates
• Equality and Diversity
• Finance
• Freedom of Information
• Health and Safety
• Human Resources
• IT Security
• Learning and Development
• Legal Services
• The Police Federation
• Unison

7. Monitoring and review

7.1. This SOP will be reviewed every two years with the next review scheduled for July 2024.

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.