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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Do the police in England have the right to stop me recording

Resolved Question:

Do the police in England have the right to stop me recording an interview that they are recording whilst interviewing me.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If this is a police interview under caution and tape recorded under PACE then they do not have to allow you to tape record it and generally they will not. Usually they will take any recording equipment away from you at the time that you are booked in.
If they haven't removed recording equipment at the time of interview then they would terminate the interview and do so.
Police interviews are never a level playing field.
The problem with this is that it doesn't really serve any purpose. Suspects are given a copy of the tape which is sealed and so cannot be tampered with. Recording it yourself serves no purpose except to antagonise which is generally a bad idea.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Both myself and the police are confused as to the circumstances and I think they are beginning to realise that an mistake has been made. They record on tape and nobody these days has a tape player. I can not see the problem. Is it actually written down that I don't have a right. If so were.

Expert:  Jo C. replied 2 years ago.
No.
It is not just written down that you do have a right because you do not.
Jo C. and other Law Specialists are ready to help you

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