Body Worn Video - PACE Interview
Freedom of information request reference no: 01.FOI.22.024743
I note you seek access to the following information:
Please can you confirm that the Chief Officer Team of Metropolitan Police Service (MPS) are:
A) Aware of the changes to the Police & Criminal Evidence Act 1984 - specifically Code E and Code F (Interviews) post-2018 and the date
(month/year is acceptable) that this was last discussed / meeting or Standard Operating Procedure last reviewed in relation to the use of Body Worn Video elsewhere than at a Police station
B) If ‘Yes’ to ‘A’, How many times has Body Worn Video been used to interview suspects elsewhere than at a Police station - ‘Contemporaneously’?
C) If ‘Yes’ to ‘A’, How many times has Body Worn Video been used to interview suspects elsewhere than at a Police station - ‘Voluntary Attendance’?
D) If ‘No’ no ‘A’, does the Commissioner have any plans for the Metropolitan Police Service to adopt this practice to avoid public cost in arrest and accommodation and police officer time?
To be clear, the number of occasions requested is where Body Worn Video has been authorised by the Commissioner for use NOT at the Police station therefore may include both those under arrest (but not brought to a police station) and those under voluntary attendance agreement (which can include inside the police station but not in Custody, or at any other location other than a Police station)
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
For information, the link you have provided in Question A regarding the College of Policing publication does not appear to work for myself or my colleagues, so we could not refer to that page. We have still been able to answer your questions.
Question A - Please can you confirm that the Chief Officer Team of Metropolitan Police Service (MPS) are:
Q1(a) - Aware of the changes to the Police & Criminal Evidence Act 1984 - specifically Code E and Code F (Interviews) post-2018 and
Q1(b) - the date (month/year is acceptable) that this was last discussed / meeting or Standard Operating Procedure last reviewed in relation to the use of Body Worn Video elsewhere than at a Police station
MPS answer: Yes, the Chief Officer Team of Metropolitan Police Service (MPS) are aware of the changes to CODE E of the Police & Criminal Evidence Act 1984, in relation to the use of authorised devices for the purpose of interviews carried out elsewhere than a police station.
The MPS commissioner has not determined that the Body Worn video cameras used by MPS staff can be considered ‘authorised devices’ for the purpose of PACE code E compliant interviews. This is because the MPS uses Axon cameras, and they do not meet the home office specifications for “authorised devices”. You may find it of
interest to view page 11 in the Home Office Technical Guidance for Body Worn Video Devices in the link below:
Home Office- Technical Guidance for Body Worn Video Devices.pdf
To additionally assist, the MPS can advice;
• BWV may not be ‘worn on the body’ at the time of recording PACE compliant interviews.
• BWV or other device must have a stable & separate mount for the purpose of recording.
• Ability to differentiate between the camera and audio element of the device (BWV).
• There must be a playback screen for the device for the user to be able to check the view
The MPS continues to review the changes and how they may be enacted using BWV cameras and/or other digital technologies or devices.
In respect to your request regarding recorded ‘dates’, on 3/09/18 an article was published on the MPS intranet in relation to the changes to PACE CODE E. Its purpose was to make all staff aware of the changes and the impact on the MPS on BWV.
On 07/04/2020 the police lead for BWV in the MPS sent a briefing on the PACE code E changes to the MPS Chief Information Officer (CIO).
On 29/05/20 the commissioner answered a question on interviews which included the use of BWV and PACE code E changes.
On 24/06/20 an article was published on the MPS intranet in regards to the use of BWV for victim and suspect interviews to explain Body Worn Video (BWV) is NOT authorised to capture ANY evidential Interviews of the victim or witness or for a suspect subject to a Voluntary Attendance Interview.
The MPS advice page regarding Body Worn Video may also be of interest to you;
Question B - If ‘Yes’ to ‘A’, How many times has Body Worn Video been used to interview suspects elsewhere than at a Police station - ‘Contemporaneously’?
MPS answer: Not applicable/ Information not held in consideration of the answer provided to Question A.
To assist you, the MPS would like to add that it is to be noted that whilst the MPS has not enacted the PACE code E changes, this does not affect officers ability to carry out contemporaneous notes interviews where the suspect has been detained on suspicion of committing one of the four offences listed below (and it is proposed that an interview will take place at some place other than a police station),
• Possession of cannabis
• Possession of khat
• Retail theft
• Criminal damage
When carrying out such interviews Body Worn Video (BWV) can be used to provide corroboration of the contemporaneous notes. But the BWV recording does not replace the written notes and is retained/submitted as relevant unused material.
Question C
QC - If ‘Yes’ to ‘A’, How many times has Body Worn Video been used to interview suspects elsewhere than at a Police station - ‘Voluntary Attendance’?
MPS answer: Not applicable/ Information not held in consideration of the answer provided to Question A.
QD - If ‘No’ no ‘A’, does the Commissioner have any plans for the Metropolitan Police Service to adopt this practice to avoid public cost in arrest and accommodation and police officer time?
The act does not specify that the authorised device must be a BWV camera, however in order to enact the changes the Chief Constable must determine whether or not the devices to be used in their force are compliant for mobile recording of PACE compliant interviews under the Code E and F. The information you have requested is not held.