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This code of practice reflects a recommendation in the government’s review of counter-terrorism and security powers, published in January 2011.
The review recommended that the provisions contained in the Counter-Terrorism Act 2008 which will enable the post-charge questioning of terrorist suspects should be commenced. The Act requires any post-charge interviews of suspects to be video recorded with sound. As an additional safeguard, interviews conducted pre-charge, under section 41 of the Terrorism Act 2000 should also be video-recorded, as should interviews under Schedule 7 to that Act (where they are conducted at a police station). This reflects a commitment made by the previous government during the passage of the Counter-Terrorism Act 2008.
The Act requires a code of practice to be issued to provide guidance on such recording. It also provides that the relevant PACE codes of practice must make provision for post-charge questioning. Accordingly, the government has introduced this new code of practice for the video recording with sound of interviews of individuals detained in respect of terrorism or terrorism-related offences and a revised PACE Code H.