HC Deb 16 January 1989 vol 145 c7W
Mr. Corbett

To ask the Secretary of State for the Home Department if he will ask for a report from the Commissioner of Police of the Metropolis as to whether as a matter of policy and practice Metropolitan police officers are allowed to tape record a telephone conversation between a person held at a police station and a solicitor, relative or friend.

Mr. Douglas Hogg

The Metropolitan police, like other forces, are bound by the provisions of the Police and Criminal Evidence Act 1984 and the codes of practice made under the Act.

Mr. Corbett

To ask the Secretary of State for the Home Department what guidance he has given to chief constables about the tape recording by police officers of any telephone conversation between a person under arrest and a solicitor, relative or friend.

Mr. Douglas Hogg

No specific guidance about the tape recording of communications has been given, but general guidance to the police about the treatment of people under arrest is contained in code C of the codes of practice made under the Police and Criminal Evidence Act 1984. This provides, in accordance with section 58 of the Act, that communications between a suspect and his solicitor must be private except in certain circumstances when an arrest has been made under prevention of terrorism legislation. Telephone conversations between a suspect and anyone other than a solicitor may be listened to and used in evidence, for which purpose a record will need to be kept. The suspect must be informed beforehand that his conversation will be overheard.