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Taped police interrogations of suspects okay from October 1

Police are gearing up to start recording interrogations of suspects. Coming into effect on October 1 is an order which establishes a Code of Practice which details how the tapings - on video or audio - should be carried out.

The Code of Practice, which was gazetted on Friday specifies the exact procedure to be followed.

It specifies that interviews with those suspected of committing a criminal offence must be taped in a "designated facility".

And it provides for only two exceptions - where the equipment fails, in which case a written record must be taken, and where it is clear there will be no prosecution.

Suspects must be informed that the interviews are being taped and then, at the conclusion of the interview, given notice as to what will happen with the tapes, including arrangements for access.

Tapes must be sealed in the presence of the suspect when the interview is over. And the order specifies that a copy of the tape be made available to the suspect "as soon as practicable" after being charged.

Police spokesman Coleman Easton told The Royal Gazette that a committee of officers is now looking for an appropriate facility. Tape recording equipment is already on the Island, he said.

"They're looking right now to establish a facility that already exists. They would have to modify the room for soundproofing," said Mr. Easton. And he said that initially the interviews will only be recorded on audio tape. The system is being phased in and Police will have to be trained.

"Basically the process will be helpful in establishing a much more precise picture of what goes on in the interview room," said Mr. Easton. "The process is laid out in a very precise fashion. The court has the benefit of almost being a part of the interview process so it removes any potential for, or the perception of, inaccuracy which is good for everyone involved in a court case."

He said that taping interviews with suspects had "quite a bit of support" among officers.

The Tumin Report, which delved into Bermuda's criminal justice system, first recommended taping interviews in 1993.

But it was not until 1999 that legislation allowing it was passed. And its enforcement has had to wait for other elements - including the Code of Practice - to fall into place.

Taping of suspects is considered to be a win-win for all concerned - the suspects are protected from having their statements tampered with and the Police are protected from unfair accusations of improper behaviour during an interview.

Mr. Easton could not confirm if, or when, the video taping of interviews will start. "At the moment we're looking at audio taping," he said.