Procedures for Digitally Recorded Interviews with Children

These instructions contain a standardised procedure for the use of recording interviews with children conducted as part of investigation under S47 enquiries. This is currently achieved through digital recordings; a process in which the interview is recorded via cameras and then immediately stored on a virtual storage cloud.

These instructions are put together in accordance with the recommendations contained in:

• Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures 2022 NPCC Advice on the Structure of Visually Recorded Witness Interviews (3rd Edition);
• NPCC Advice on the Structure of Visually Recorded Witness Interviews (3rd Edition);
• ACPO Position Statement: Interviewing Child Witnesses in Major Crime Investigations (National Investigative Interviewing Strategic Steering Group (NIISSG);
• Section 28 for vulnerable victims and witnesses in Crown Courts;
• Police Scientific Development Branch "Video Recorded Interviews with Child Witnesses";
• Appendix C – POLICE ACTION – Vulnerable & Intimidated witnesses (Lincolnshire Police).

See also: Section 47 Enquiries and Social Work Assessments Procedure.

It is an essential condition that both police officers and social workers conducting interviews with children are fully familiar with Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures 2022 and have received training in the use of video recording equipment.

The purpose of the interview is to listen to the voice of the child and what the child has to say. The terms "therapeutic" or "disclosure interview" must not be used. However each child is unique and the effective interview will be one which is tailored to the child's particular needs and circumstances.

The Criminal justice legislation, in particular the Youth Justice and Criminal Evidence Act 1999, creates particular obligations for Courts who are dealing with witnesses under 18 years of age. These include the presumption of evidence-giving through pre-recorded interviews, as well as the use of live video links for further evidence-giving and cross examination. Cross-examination in pre-trial video hearings may also occur in relevant cases. The recording of the interviews with children is desirable to reduce the stress and burden of proceedings for the child witness whilst ensuring that their testimony can be properly tested as evidence in chief. Cross examination and re-examination, if proceedings get that far, are conducted by questioning the child live at the trial, or by or pre-recorded cross examination.

ABE guidance - Section 16(1) of the 1999 Act makes all children under the age of 18 years at the time of the hearing, appearing as defence or prosecution witnesses in criminal proceedings, eligible for special measures to assist them to give their evidence in court.

It is worth noting that Intermediaries (Intermediaries may be used to help a witness to communicate who has difficulty understanding questions or framing evidence in order to coherently communicate with the court. They are specialists in assessing communication needs and facilitating communication) should also be considered in all cases involving a child under 18. 

ABE Guidance - 2.51 When coming to a view about how a child’s evidence should be obtained interviewers should take account of the following: 

• The child’s needs assessment that the police must conduct by virtue of Right 4 of the statutory Code of Practice for Victims of Crime (Ministry of Justice 2020) and the Witness Charter (Ministry of Justice 2013);
• The views of the child and their carer (unless it is inappropriate to do so

2.52 The law presumes that child witnesses under 18 will normally give their evidence outside the courtroom by playing a video-recorded interview as evidence-in-chief and cross-examination via live link unless this will not improve the quality of their evidence. Subject to the agreement of the court, however, children may opt out of giving their evidence by either a video-recorded interview as evidence-in-chief or by means of live link or both. Where a child opts out of participating in a video-recorded interview, they should be given the opportunity to make a written statement. 

Formal investigative interviews should not be carried out routinely in all cases, but will be appropriate in some cases, with a view to gathering evidence for criminal proceedings.

A child should never be interviewed in the presence of an alleged or suspected perpetrator of abuse, or somebody who may be plotting with a perpetrator. Consideration must also be given as to whether the child is of sufficient age and understanding to be interviewed and taking the child's or where appropriate the parent's wishes into account nor a witness to the proceedings.

Whenever a young person is interviewed, the police must inform an appropriate adult as soon as is practicable and ask them to attend. The appropriate adult’s role is to protect the interests of the child or young person. Their responsibilities include:

• Advising, supporting and assisting;
• Observing and informing;
• Assisting communication;
• Protecting rights. [1]

2.221 Right 2 of the statutory Code of Practice for Victims of Crime (Ministry of Justice, 2020) makes it clear that victims have the right to bring a person of their choice to the interview unless that is not possible, in which case victims should be told why. The guidance for service providers that accompanies the Code says that interview plans should take account of the need for an interview supporter.

2.222 Some witnesses may find that it is helpful for a support person who is known to them to be present during the interview to provide emotional support (the ‘interview supporter’). The witness’s views as to the presence of such a supporter should be established prior to the interview unless it is impractical to do so. 

2.223 It should be noted that interview supporters are not the same as ‘appropriate adults’. Appropriate adults have not been required in witness interviews since the revised edition of the Codes of Practice to the Police and Criminal Evidence Act 1984 came into force on 1st April 2003 (‘witness statements’ are no longer included among in the circumstances in which an appropriate adult is needed during interviews with suspected offenders in Code C paragraph 11.15).

2.224 Other witnesses in the case, including those giving evidence of an early complaint, cannot act as interview supporters. Interpreters and intermediaries should also not act as supporters; these different functions should not be vested in one person. 2.225 Supporters must be clearly told that their role is limited to providing emotional support and that they must not prompt or speak for the witness, especially on any matters relevant to the investigation.

It should be noted that children also have the option to opt out of providing a digital statement and can elect to provide their account by written statement. (See ABE 2.52)

Interviews should be recorded where there is:

1. An allegation or suspicion of an offence involving assault, injury, threat of injury or cruelty and the witness is a victim under 18 years of age.
2. An allegation of a sexual offence where the witness is a victim.

Interviews with child witnesses may be digitally recorded where:

1. They are under 18 years of age and are a material witness in any offence involving assault, injury, threat of injury or cruelty.
2. They are under 18 years of age and are a material witness in any sexual offence.

N.B. The provisions outlined in this section do not apply to interviews with children who are the accused.

Close liaison in any investigation with the Crown Prosecution Service is essential.

^{[1] About Appropriate Adults - National Appropriate Adult Network.}

Vulnerable witnesses are defined by Section 16 of the Youth Justice and Criminal Evidence Act 1999 (as amended by the Coroners and Justice Act 2009). The Act makes all children under 18 years of age, appearing as defence of prosecution witnesses in criminal proceedings, eligible for Special Measures to assist them to give their evidence in court. Other Vulnerable witnesses are identified by Section 16 (2). These are witnesses who have a mental disorder, witnesses with significant impairment in relation to intelligence and social functioning (witnesses who have a learning disability); and witnesses who have a physical disability.

Intimidated witnesses are defined by Section 17 of the above act as those whose quality of evidence is likely to be diminished by reason of fear or distress (ABE 2022 1.11 Page 13 Appendix B: Special Measures Page 169 refers).

Section 27 of the Act allows the use of digitally recorded interviews as evidence-in-chief.

It is essential in the interests of justice and to ensure that as far as possible digital recordings are admissible as evidence, investigating teams develop a clear appreciation of the rules of evidence in criminal cases and take proper account of both the rules and the law in interviewing children.

The recording will be treated as a "document" for the purpose of criminal proceedings. The statements contained are the property of the person who made them. The medium digital recordings stored on virtual clouds and accessed by police systems. Ownership of the virtual recording expresses certain rights and responsibilities which if properly exercised will ensure that the recording is appropriately safeguarded.

N.2 Ownership 

N.2.1 The video-recording will be treated as a document for the purposes of criminal proceedings, and the statements in it will not belong to anybody except that insofar as they are the property of the person who made them. However, the medium on which they are made is likely to be the property of the police or social services (as the case may be) and the fact of ownership of the recording itself conveys certain rights and responsibilities which, if properly exercised, will help to ensure that it is appropriately safeguarded.

See ABE guidance pg 233 Appendix N: Storage, Custody and Destruction of Video-Recordings

Interviews will only be conducted by trained police officers and/or designated social workers, i.e. those who have received ABE training in the use of recording equipment where they take responsibility for its operation. (Completion of the PIP2 Professionalising in Investigations Programme.)

Adequate planning is essential to the efficient conduct of any interview with a child. Through the Strategy Discussion (see Strategy Discussions Procedure), the actions agreed should reflect the skills and experience represented by the joint investigating team. A child's interview plan MUST be completed in all cases.

A careful note must be made of all planning meetings. Consideration must be given to:

1. The needs of the child;
2. The child's development;
3. The use of appropriate language;
4. Social and sexual understanding;
5. Concept of time;
6. Understanding of trust;
7. Legal aspects.

Specialist help should be sought where appropriate e.g. in the case of a child with a disability, communication problems, or whose first language is not English. Gender issues of interpreters must also be considered.

An appreciation of the child's emotional welfare at the time of the interview may assist interviewers which should also take into account the child's cultural background and any disabilities he or she may have.

(See Chapter 2 ABE Planning and Preparation pg 19 onwards, also Appendix E: Interviewing Disabled Children and Children with Communication Difficulties).

Interviews will be recorded only at approved centres or using the police mobile unit. Only in exceptional circumstances will this not be the case.

The police officer must ensure the following information is recorded:

1. Recording reference number;
2. Venue of interview;
3. Name of person interviewed;
4. Name(s) of persons present;
5. Time/date of interview;
6. Above completed by.

(ABE  2.227– 2.230 also Appendix M: Technical Guidance M.1.4  M 5 Portable Equipment for further information).

Consent to talk to a child witness

Police do not require consent to talk to a child witness – but they will have to explore consent issues if a digitally recorded statement (evidence in chief) is being considered.

Consent to digitally interview a child witness

A child can consent in their own right if they are capable of understanding the implications of being interviewed as a child. If a child cannot understand these implications, the consent of a parent or guardian is required. If parental consent is not forthcoming, consideration may be given to obtaining a court Order that includes a direction in respect of interviewing under Section 44 Children Act 1989 provided that circumstances are such that the child may be at risk of "significant harm". In situations where an approach to the child without first obtaining parental consent is being considered, or where parental consent has been, or is anticipated to be, declined, then it is strongly recommended that a multi-agency strategy meeting with social care takes place. (See ABE Consent 2.50 – 2.60).

2.54 The consent of an adult with parental responsibility is required where the child is not able to understand the implications of participating in the interview (includes the local authority if the child is subject of an interim or full care order). In cases where an adult with parental responsibility refuses to allow a child to be interviewed and the child is not able to consent in their own right the interview cannot take place. A strategy discussion between the police and social services should consider whether it is appropriate to make an application for an Emergency Protection Order (EPO) under section 44 Children Act 1989 and to seek a direction from the court under section 44(6)(b) for an interview to take place as part of the assessment of the child. Where the consent of an adult with parental responsibility is forthcoming or it is proposed that an interview take place under the legal authority of an EPO or an interim/full care order it is important to remember that it is unlikely to be practicable or desirable to video-record an interview with a reluctant or hostile child; consent and cooperation are different things.

Children, parents or accompanying adults should be given clear information regarding the form and nature of the interview. The interview plan will consider who has responsibility for this.

4.19 ABE 2022 – Accompanying and supporting children and vulnerable witnesses can be helpful during investigative interviews. The supporter may be a friend or relative provided they are not party to the proceedings and they are not involved in pre-trial support or in the role of supporter at trial.

A SUSPECTED OFFENDER MUST NEVER BE PRESENT.

The police will be responsible for the provision of digital recordings stored on the virtual clouds. High quality recording equipment will be used at all times.

The Criminal Justice Unit and subsequently Central Archives for Lincolnshire Police will be responsible for the registration and storage of digital recordings in accordance with Achieving Best Evidence in Criminal Proceedings.

Recordings will be kept as long as the related crime file dictates. For full details on the procedure please refer to ABE 2022 N7.1 Disposal of Recordings / the Code of Practice made under the Criminal Procedure and Investigations Act 1996. The minimum period for the retention of interview records should be six months from the date of any conviction or from the date on which a convicted person was released from custody, whichever is the longer. Material must be retained for the full duration of any appeal.

(See ABE guidance Appendix N: Storage, Custody and Destruction of Video-Recordings)

The interview is recorded by two cameras, one of which is static and the other which has a pan/zoom/tilt facility. The main picture recorded is obtained from the moving camera, whilst the still camera provides a small security picture (picture in picture) in one corner of the screen.

The equipment incorporates a date/time facility which is displayed on the monitor and recorded simultaneously onto the recording medium to ensure the integrity of the recording.

(See ABE Appendix M: Technical Guidance M.3 Vision)

Wherever possible, a person who is familiar with and trained to operate the recording equipment should be identified to act as operator. Where this is not possible neither the investigating police officer or social worker should assume this responsibility. The police officer present will ensure that the digital recording is exhibited on the virtual cloud.

(See ABE Appendix M: Technical Guidance M.2 Equipment Operator)

M.2.1 The equipment operator must always remain in control of the recording equipment during the interview process until the final recorded media (DVD or VHS) is ejected. It is their responsibility to ensure that the quality of the recorded media is acceptable. Guidance for this can be found in Appendix N, paragraphs N.4.1 and N.4.2. The equipment operator’s role may also include the completion of evidential statements as to the reliability and function of the equipment and the preparation of a Record of Video Interview (ROVI) using form MG15 (see Appendix P). The equipment operator’s role should, therefore, be independent from that of the interviewer.

The interviewer must check the equipment prior to recording beginning to ensure:

1. Both cameras are working effectively;
2. The recording reference is present;
3. The "picture in picture" facility is visible;
4. The time/date is visible on screen.

The child should be shown the cameras, viewing room and introduced to everyone present. This should be accompanied by an explanation, at the level of the child's understanding, in relation to recording procedure, interview etc. Rapport building should be off camera.

Recording must begin once the child and interviewers are in the interview room. All persons present must identify themselves by name. Where the child is unable or unwilling to give their name, he/she should be introduced by the interviewer.

Once an interview has begun it is best practice that no-one should enter the interview room. Where this cannot be avoided an explanation should be given.

Where it is necessary to have a short break, e.g. toilet break, refreshments, the recording device should NOT be switched off. Best practice dictates that either the child or the interviewer should, where possible remain in the room to protect the transparency and integrity of the interview.

Where a longer break is required no questioning relating to the investigation should take place until the video recorded interview resumes and it should be clarified on the interview that no discussions of this nature have taken place. Interviews should aim to achieve all the objectives set for them while being as concise as reasonably possible.

Rapport building should be conducted off recording.

It will be the responsibility of the operator to monitor the start time of their interview and to ensure there are no issues with the recording.

When closing, the interviewer must make it clear that the interview is over.

One of the key aims of interview recording early investigative interviews is to reduce the number of times a child is asked to tell his or her account. However, it may be the case that even with an experienced and skilful interviewer, the child may provide less information than he or she is capable of divulging. Another interview may therefore be necessary and this too should be recorded. Consideration should always be given as to whether holding such an interview would be in the child's interest. In no circumstances should the extra interview for evidential purposes be conducted by members of joint investigation teams unless they are fully satisfied, in consultation with the Crown Prosecution Service, that another interview is needed.

The reasons for conducting another interview should be clearly expressed and recorded in writing. More than one added interview is unlikely to be appropriate unless the joint investigating team makes the decision at the planning stage to divide the phases of an interview with a very young or a child with emotional difficulties into a number of sections to be conducted by the same interviewer on different days, with the rapport and closure being achieved each time.

The operator will stop the interview, which will save the recording to the virtual cloud.

At the first available opportunity the recording must be checked to ensure the quality of the recording is of satisfactory standard. If there are difficulties or concerns about this the advice of the Crown Prosecution Service should be sought without delay.

An index of the interview should be completed by the monitor – this will form part of the Unused material and should be retained with the file.

See ABE - M.2 Equipment Operator The equipment operator’s role may also include the completion of evidential statements as to the reliability and function of the equipment and the preparation of a Record of Video Interview (ROVI) using form MG15 (see Appendix P). The equipment operator’s role should, therefore, be independent from that of the interviewer.

In any subsequent court proceedings - criminal or civil - the interviewer and operator or any other person connected with the interview may be questioned about the conduct of the interview and the events surrounding it. The interviewer and operator must maintain a careful record of events which, in the case of police officers, will be recorded in their official notebooks.

It should be considered good practice to obtain a written statement from any person to whom a child has disclosed to before the recorded interview.

(See ABE Appendix P guidance on completion of a Record of Video Interview ROVI)

Police will provide ROVI (Records of Video Interview) where necessary during the criminal investigation.

The Courts will be responsible for arranging the provision and operation of suitable equipment at Court for relevant cases including recorded interviews.

CPS will consider and apply for all relevant Special Measures. Police should complete an (MG2 – Manual of Guidance – Special Measures form) where necessary.

Great care is required to ensure that recorded interviews are seen only by those who have a need to see them. A recording will be supplied to the Crown Prosecution Service when a file is submitted to that service for legal advice.

Where a person is charged with an offence and transfer proceedings are to be called upon, recordings will be supplied to the Crown Prosecution Service via Egress through CJU.

Applications from a third party to view a copy of the interviews will not be granted unless the interests of the child clearly require it and satisfactory arrangements can be made to safeguard it against unauthorised viewing. Any such viewing should be in consultation with Detective Superintendent for the relevant Crime Department.

Any viewing of a recording by an unrepresented defendant will take place under close supervision at a police station.

At no stage should a defendant be unsupervised.

Records regarding movement of recordings should be maintained within the Criminal Justice Unit/Central Archives. The record should include the name(s) of persons allowed to view or borrow a recording together with details of the specific authority granted to them and must be carefully recorded in the log.

The log should remain with the case papers.

(See ABE Appendix N.6 Copies and Access)

The responsibility for recording the movement of recorded interviews requested by a third party will be undertaken by the Criminal Justice Unit/Central Archives who should consult with the Detective Superintendent for the relevant Crime Department where necessary.

Movement of recordings will be recorded and retained until the conclusion of the enquiry before filing for future reference.

Returned recordings at the conclusion of the enquiry will be forwarded to the Criminal Justice Unit for destruction.