S.L. 9.24 Art. 7Rules to be followed when an interview is recorded by audiovisual means.

(1) When an interview is recorded by audiovisual means, the following rules shall be followed:

(a) cameras shall be placed in the interview room so as to ensure coverage of as much of the room as is practically possible whilst the interviews are taking place;

(b) a sign or indicator which is visible to the suspect or the accused person shall be shown when the visual recording equipment is recording;

(c) when the suspect or accused person is brought into the interview room, the interviewer shall without delay, but in the sight of the suspect or accused person, load the recording equipment and set it to record. The recording media shall be unwrapped or otherwise opened in the presence of the suspect or accused person;

(d) the interviewer shall then inform the suspect or accused person formally about the audiovisual recording and point out the sign or indicator which shows that the recording equipment is activated and recording. The interviewer shall:

(i) explain that the interview is being visually recorded,

(ii) give his name and rank or designation, and that of any other interviewer present,

(iii) ask the suspect or accused and his lawyer, to identify themselves,

(iv) state the date, time of commencement and place of the interview, and

(v) state that the suspect or accused person will be given at the end of the interview an original recording of the interview for his records;

(e) interruptions during an interview shall be recorded so that the recording shall constitute an authentic and faithful rendering of whatever happened during the interview; and

(f) should a suspect or accused person misbehave during an interview, such misbehaviour shall also be recorded and it shall be adduced in evidence so as to constitute an authentic and faithful rendering of whatever happened during the interview.

(2) Where audiovisual means are resorted to for recording an interview, any such recording shall be admissible in evidence, without the need of any other formalities, unless the suspect or the accused person alleges and proves that the recording is not the original recording and that it has been tampered with.

(3) No transcription need be made of the recording when used in proceedings before any court of justice unless the court directs otherwise for reasons to be stated in its decree authorising the transcription. Nor need the suspect or the accused person sign any written statement made following the conclusion of the questioning once all the questions and answers, if any, are recorded on audio-visual means.

(4) When recordings of interviews are exhibited in court and the court orders their transcription in terms of sub-regulation (3) the said transcription shall be made by the Registrar of Courts and a copy thereof shall be given to all the parties to the proceedings.

(5) It shall not be lawful for the court to order the Executive Police to do the transcription mentioned in sub-regulation (3).