Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

• Jurisdiction: Ireland
• Year: 1997
• Citation: IR SI 74/1997

S.I. No. 74 of 1997.
CRIMINAL JUSTICE ACT, 1984 (ELECTRONIC RECORDING OF INTERVIEWS) REGULATIONS, 1997.
I, NORA OWEN, Minister for Justice, in exercise of the powers conferred on me by section 27 of the Criminal Justice Act, 1984 (No. 22 of 1984), hereby make the following Regulations:
	1 Citation and Commencement.	1. (1) These Regulations may be cited as the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.
(2) These Regulations shall come into operation on the 1st day of March, 1997.
	2 Definitions.	2. (1) In these Regulations, unless the context otherwise requires—
"the Act of 1939" means the Offences Against the State Act, 1939 (No. 13 of 1939);
"the Act of 1984" means the Criminal Justice Act, 1984 (No. 22 of 1984);
"the Act of 1996" means the Criminal Justice (Drug Trafficking) Act, 1996 (No. 29 of 1996);
"custody record" means a record kept under regulation 6 of the Custody Regulations;
"the Custody Regulations" means the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 ( S.I. No. 119 of 1987 );
"electronic recording" includes—
( a ) a record of an oral communication made on tape, and
( b ) a record, made on tape, of a series of visual images appearing as a moving picture whether or not including an accompanying soundtrack;
"equipment" means electronic recording equipment that has been provided to and installed in Garda Síochána stations for the purpose of recording interviews to which these Regulations apply;
"master tape" means the tape of an interview to which these Regulations apply on which the interview is recorded and which is sealed in accordance with these Regulations before it leaves the presence of the person being interviewed and is any one of the tapes used in the equipment;
"member" means a member of the Garda Síochána:
"member in charge" has the meaning assigned to it by regulation 4 of the Custody Regulations;
"station" means a Garda Síochána station to which these Regulations apply;
"tape" means any magnetic tape or other recording medium on which an electronic recording may be made or copied:
"working copy" means any tape, that is not the master tape, used in the equipment.
(2) Where provision is made in these Regulations for any matter to be recorded, then such matter shall be recorded—
( a ) on the tapes of the interview that is being recorded, or
( b ) in writing in the custody record of the person being interviewed where, because of the circumstances, recording on those tapes is not practicable.
(3) In these Regulations unless otherwise indicated—
( a ) a reference to a regulation is to a regulation of these Regulations, and
( b ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph in which the reference occurs.
(4) A work or expression used in these Regulations and also used in the custody Regulations has, unless the context otherwise requires, the same meaning in these Regulations as in the custody Regulations.
	3 Application.	3. (1) These Regulations shall apply to stations where the equipment has been provided and installed.
(2) These Regulations shall apply to interviews, including the taking and reading back of statements, that take place in a station with persons who have been detained under—
( a ) section 4 of the Act of 1984, or
( b ) section 30 of the Act of 1939, or
( c ) section 2 of the Act of 1996, or
( d ) section 2 of the Act of 1996 as modified by section 4 (3) of that Act.
	4 Electronic Recording of Interviews	4. (1) Subject to paragraph (3), interviews with persons to whom these Regulations apply shall be electronically recorded.
(2) The equipment used in a station shall be the equipment provided to and installed at the station for that purpose and no other equipment shall be used.
(3) An interview or part of an interview is not required to be electronically recorded:
( a ) where—
(i) the equipment is unavailable due to a functional fault, or
(ii) the equipment is already in use at the time the interview is to commence, and the member in charge considers on reasonable grounds that the interview should not be delayed until the fault is rectified or the equipment becomes available;
or
( b ) where otherwise the electronic recording of the interview is not practicable.
(4) Where an interview or part of an interview is not recorded for any of the reasons referred to in paragraph (3), the member in charge shall enter or cause to be entered in the custody record of the person to be interviewed a note setting out the fact that the interview was not electronically recorded and the reason.
(5) Notwithstanding that an interview is electronically recorded in accordance with these Regulations, regulation 12 (11) (b) (i), (ii) and (iii) of the Custody Regulations shall apply as if the interview were not electronically recorded.
	5 ..	5. (1) The member in charge shall, before an interview is commenced, in addition to the information to be provided pursuant to regulation 8 of the Custody Regulations, inform or cause to be informed, orally and in ordinary language, the person to be interviewed that—
( a ) the interview with him or her may be electronically recorded, and
( b ) where that interview is electronically recorded he or she is entitled to receive a notice as to what is to happen to the tapes of that interview.
(2) The member in charge shall give or cause to be given to the person the notice referred to in paragraph (1) (b).
	6 ..	6. (1) The member conducting an interview to which these Regulations apply shall, before commencing the electronic recording of the interview, and in the sight of the person to be interviewed—
( a ) unwrap the required number of unused blank tapes.
( b ) load the equipment with the tapes, and
( c ) set the equipment to record.
(2) While the equipment is recording, the member conducting the interview shall—
( a ) caution the person being interviewed in the following terms:
"You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence. As you are aware this interview is being taped and the tape may be used in evidence",
and,
( b ) state all of the following:
(i) the name and rank of that member and the name and rank of any other member or members then present;
(ii) the name and status of any other person present;
(iii) the name of the person being interviewed;
(iv) the date, time of commencement of the recording and the location of the station; and
(v) that the person being interviewed has been given a notice pursuant to regulation 5 (2).
	7 Interruption or Discontinuance of Electronic Recording of Interviews.	7. The electronic recording or an interview may be interrupted—
( a ) where a tape requires to be replaced with a further unused blank tape,
( b ) where the equipment requires attention in order for the electronic recording of the interview to continue,
( c ) where a break is to be taken in the interview, or
( d ) where a person being interviewed objects, at any time after the procedures specified in regulation 6 have been completed, to the electronic recording of the interview.
	8 ..	8. (1) Where the electronic recording of an interview is or is proposed to be interrupted for the reason referred to in regulation 7 (a), the member conducting the interview shall—
( a ) subject to paragraph (3), when the equipment indicates that a tape has only a short time left to record, inform the person being interviewed that the tape is coming to an end and record the time and reason for the interruption.
( b ) switch off the equipment,
( c ) remove the tapes,
( d ) seal one of the tapes with a master tape label and give it an identification number,
( e ) sign the master tape label and ask the person being interviewed to sign it also, and
( f ) before recommencing the interview, follow the procedure specified in regulation 6 (1) and remind the person being interviewed that he or she has been cautioned.
(2) If the person being interviewed refuses to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.
(3) Where the application of the procedure specified in paragraph (1) (a) is not practicable, the member conducting the interview shall, before recommencing that interview—
( a ) follow the procedure specified in regulation 6 (1),
( b ) remind the person being interviewed that he or she has been cautioned, and
( c ) record—
(i) the reason for the interruption,
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