(CONTEMPORANEOUS NOTEBOOK)
Issue
Review / 09/2011
09/2013 / Flow Diagram Reference Number:
N/A / Section: C Procedures
General / Item 16
Page 1 of 3
1.PURPOSE
1.1.This procedure describes the process and controls regarding the issue, storage and use of City of Lincoln Council, Pocket Books (Police & Criminal Evidence Act 1984 (PACE) contemporaneous notebooks) for the purpose of "pending or contemplated proceedings", or for the purpose of a criminal investigation.
2.PROCEDURE
2.1.Control of Pocket Books
2.1.1.An Officer will be issued with a Pocket Book if his/her duties are likely to place him/her in a situation where in the professional opinion of the Officer facts or warnings may need to be recalled accurately before a Court of Law or when other formal action is contemplated.
2.1.2.Pocket Books are controlled. All new and completed Pocket Books are kept in the Room 534, locked cupboard RH/1. The key to locked cupboard RH/1 is kept in the locked key cabinet in the Directorate of Development & Environmental Sustainability (DDES) Food, Health & Safety Team Section.
2.1.3.When an Officer is issued with a Pocket Book the Notebook Register, kept in the cupboard will be completed appropriately.
2.1.4.An Officer will apply for a new Pocket Book when the book in issue is nearly complete. Usually a member of DDESFood, Health & Safety Team will issue a new notebook and record details in the register.
2.1.5.The existing Pocket Book should be returned for storage within 28 days of the new Pocket Book being issued and details entered into the Notebook Register.
2.1.6.If the Pocket Book is lost or stolen the Head of Service (HOS) as appropriate will be notified and an assessment will be undertaken to consider the likely impact of any ongoing or future enforcement action as a result of the loss of the notebook evidence.
2.1.7.In the case of lost or stolen notebooks an entry will be made in the Notebook Register and the Officer will be issued with a new notebook in accordance with the above procedure.
2.1.8.Pocket Books remain the property of the City of Lincoln Council and will be kept for a minimum period of 5 years.
2.2.Use of Pocket Books
2.2.1.Pocket Books do not have to be used routinely by Officers whilst carrying out their normal duties, however, they are to be used in any situation where, in the professional opinion of the Officer, facts or warnings may need to be recalled accurately before a Court of Law or when other formal action is contemplated. Where a formal caution is required it shall be in the following terms:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence”.
2.2.2.When using the notebook, the following guidance notes apply:
- Only original entries must appear in the notes and should be made with ink or black ball point pen.
- All notes must be entered at the time to which they relate and while the facts are fresh in the memory of the person compiling the notes.
- It is important that notes are not made elsewhere and afterwards copied in the notebooks.
- Under no circumstances must a page/leaf be taken out of the notebook. Any alteration to an entry must be done by striking the pen through the words and writing the correction over, and never by erasure.
- Accuracy is the value of the notes made.
2.3.Interviews: Additional Information
2.3.1.Normally, where it is anticipated that an interview under caution will take place, the interview will be arranged to taken place using the PACE tape recording interview equipment. However circumstances may arise when Pocket Books will be used and should be in accordance with the following advice:
a)The record in the notebook must state the place of the interview, the time it begins and ends, the time the record is made (if different), any breaks in the interview and the names of all those present.
b)The record must constitute either a verbatim record of what has been said or, failing this, an account of the interview which adequately and accurately summarises it.
c)If an interview record is not made during the course of the interview it must be made as soon as practicable after completion.
d)Written interview records must be timed and signed by the maker.
e)Unless it is impracticable, the person interviewed shall give the opportunity to read the interview record and to sign it as correct or to indicate the respects in which they consider it inaccurate.
f)A juvenile or a person who is mentally handicapped, whether suspected or not, must not be interviewed or asked to provide or sign a written statement in the absence of an appropriate adult (e.g. parent) unless in an emergency situation.
g)Juveniles may only be interviewed at places of education when the Principal agrees and when parents have been notified and allowed reasonable time to be present.
Environmental Sustainability