Need a legal eagle. Have a client who had an IUC but action dropped and no further action taken against her. She still has o/p and asked LA for tape of interview to be told these are not available unless action taken against her. Is this right or does client have the right to pursue for that info?.

She could try making a request under Data Protection Act for the tapes (plus any other documents, notes, emails and memos they may have). Some LAs waive the £10 fee for these requests.

Most LAs set out their DPA application procedure on their website.

From memory, and I must admit that I haven't checked, Code E to PACE syas something along the lines that copies are provided if the suspect is charged. Should be on the Home office website if you want to follow this up. Again from memeory it doesn't say anything about a right to a copy if there is no action taken but I would think that a DPA request would cover it anyway.

Pace Code of Practice E states; -

At the end of the interview

4.19
The suspect shall be handed a notice which explains:
• how the audio recording will be used
• the arrangements for access to it
• that if the person is charged or informed they will be prosecuted, a copy of the audio recording will be supplied as soon as practicable or as otherwise agreed between the suspect and the police.

It has always been my understanding that a copy only has to be provided if a prosecution goes ahead but access to the tape (usually on LA premises) must be provided.

It would be interesting to see how the LA defines “access”.

Regards
Paul

Anyway, if the LA have used the IUC as evidence in the OP decision and she appeals the LA should disclose it in the submission.

Nevip, are you a mind reader?

SLloyd

Lol! Spooky huh! I can also walk and chew gum at the same time. It took me years to learn, mind!

Interesting. I have an o/p case going to appeal. The case documents carry a print-out which purports to be a transcript of an interview under caution but without the tape I don't know whether it is an accurate recoed or not, and unless a tape is provided (and I don't see it as my prerogative to ask for it) I intend to ask for this evidence to be disregarded.

Anyone have any experience of similar cases?

"I intend to ask for this evidence to be disregarded."

On what basis?

s.35(2) of the DPA may be useful - depends on whether the clmt is still in the middle of any related legal proceedings, or matters connected with same. If so, DPA can't normally be used by the data holder.

Sorry, not enough time to check for direct relevance or expand - hope it is at least worth a look.

Regards

Thanks all for replies. Will bang in with DPA and see what rises to the top of the pond.