Code E in one page

Code E (2018 edition, the current version on gov.uk) governs the audio recording of interviews with suspects. Code F governs visual recording with sound; there is no statutory requirement to visually record interviews (Code F 2.2), but when visual recording is used Code F applies. The guide is /guides/pace-code-e-interviews, and /guides/pace-codes-overview puts Code E in context.

An authorised recording device in working order, if available, must be used to record interviews under caution of suspects (Code E 2.1).
A written record under Code C section 11 is allowed only where no authorised device in working order, or no suitable location, is available and the 'relevant officer' considers on reasonable grounds that the interview should not be delayed; or after a suspect's or AA's objection is dealt with under 3.9 (Code E 2.3).
A decision not to audio record may be the subject of comment in court, and the relevant officer should be prepared to justify it (Note 2B).

Questions: when audio recording is required

Q1. An officer wants to interview a detained suspect under caution. An authorised recording device is available and working. Which is correct? (A) The officer may choose to write notes instead (B) The device must be used (Code E 2.1) (C) Recording is needed only for indictable offences (D) Recording is needed only if the solicitor asks
Q2. The station's recorders are all out of order. When may the interview proceed with a written record? (A) Never (B) If the relevant officer considers on reasonable grounds that the interview should not be delayed until a device or suitable location is available (Code E 2.3) (C) Whenever the suspect agrees (D) Only for juveniles
Q3. What must the relevant officer do when deciding a written record will be made? (A) Nothing (B) Record the reasons and the date and time of the decision, and make sure the suspect is told a written record will be made (Code E 2.5) (C) Tell the court (D) Obtain the solicitor's consent

Questions: start of interview and objections

Q4. At the start of an interview on a removable-media recorder, which is part of the procedure? (A) The media is loaded before the suspect enters (B) The interviewer unwraps or opens new media and loads it in the suspect's sight, points out the indicator, gives names and ranks, asks others present to identify themselves and states the date, time and place (Code E 3.3 to 3.4) (C) Only the suspect is asked to identify themselves (D) The solicitor operates the recorder
Q5. What does the interviewer tell the suspect at the start about a copy of the recording? (A) Nothing (B) A copy will be given if they are charged or told they will be prosecuted; otherwise only as agreed with the police or on a court order; and they will get a written notice at the end (Code E 3.4(e)) (C) A copy is always given on request (D) Copies are given only to solicitors
Q6. The suspect objects to the interview being recorded. What must happen? (A) The recorder is switched off at once (B) The interviewer explains the requirement to record the objection on the recording; the relevant officer then decides, having regard to the nature and circumstances of the objection, whether to make a written record or carry on recording (Code E 3.9) (C) The interview cannot proceed (D) The objection is ignored

Questions: recorder failure and breaks

Q7. During a short break the suspect and an interviewer stay in the room. What happens to the recording? (A) New media must be loaded (B) The recording may be stopped; there is no need to remove the media and the recording continues on the same media, with the restart time recorded (Code E 3.15) (C) The interview must be restarted from the beginning (D) The solicitor must sign the media
Q8. After any break, what must the interviewer do before resuming? (A) Nothing (B) Remind the suspect of their right to legal advice if they have not exercised it, and that they remain under caution, or give the caution again if in doubt (Code E 3.16) (C) Re-read the whole disclosure (D) Ask the AA to leave
Q9. The recorder fails mid-interview and cannot be fixed quickly or replaced. What then? (A) The interview is void (B) The interview should be recorded on a secure digital network device or, if that is not possible, may continue with a written record as the relevant officer decides under Code E 2.3 (Code E 3.17) (C) The solicitor's notes become the record (D) The suspect must be released

Questions: end of interview, notice and live-link interviews

Q10. At the end of the interview, what must the suspect be offered? (A) Nothing (B) The opportunity to clarify anything they have said and to add anything (Code E 3.19) (C) A copy of the recording (D) Bail
Q11. The suspect refuses to sign the master recording label. What happens? (A) The recording is inadmissible (B) An officer of at least inspector rank, or if none available the custody officer, is called in and asked to sign it (Code E 3.20) (C) The solicitor signs instead (D) The interview is repeated
Q12. What must the suspect be handed after the interview? (A) A transcript (B) A notice explaining how the recording will be used, the arrangements for access to it, and that if they are charged or told they will be prosecuted a copy will be supplied as soon as practicable or as agreed or on a court order (Code E 3.21) (C) The master recording (D) Nothing
Q13. The interviewing officer is at a different station from the detainee and uses a live link. Which provision sets the conditions? (A) None: it is not allowed (B) Code C 12.9A and 12.9B, applied to recording by Code E 2.7 (C) Code D Annex A (D) PACE s.78

Worked answers

Q1 (B). Code E 2.1.
Q2 (B). Code E 2.3(a) to (c). Note 2B: the decision can be commented on in court.
Q3 (B). Code E 2.5(a).
Q4 (B). Code E 3.3 to 3.4. On a secure digital network device, the equivalent start procedure is in 4.2 to 4.3.
Q5 (B). Code E 3.4(e).
Q6 (B). Code E 3.9, read with 2.3(d).
Q7 (B). Code E 3.15. If the suspect leaves the room, the media is removed and the conclusion procedure is followed (3.14); on a secure digital network the recording is stopped and a new file created on resumption (4.7 to 4.8).
Q8 (B). Code E 3.16.
Q9 (B). Code E 3.17.
Q10 (B). Code E 3.19.
Q11 (B). Code E 3.20. Where the suspect has not been arrested, a sergeant may be called.
Q12 (B). Code E 3.21.
Q13 (B). Code E 2.7.

Can the rep object to the recording arrangements?

Code E gives the objection procedure to the suspect and the appropriate adult (3.9). A legal adviser can still raise a concern: for example, that the indicator is not showing, that a written record is proposed without a reasoned decision under 2.3, or that a break was not recorded. Ask for it to be dealt with on the recording and note it yourself. If a written record is made, the reasons should be recorded under 2.5. Note 2B reminds officers the decision may be examined in court.

Linked: Code F (visual recording)

Where an interview is visually recorded, Code F applies alongside Code E, and a visual recording with sound is an audio recording made under Code E with a simultaneous visual recording (Code F 2.1). Carry on with /blog/pace-code-c-practice-questions and /blog/free-psras-practice-questions. When a set like this feels easy, try the wider PSR Train question bank. Create a free account at https://psrtrain.com/signup and work through timed practice by topic.

Sources: PACE Codes E and F 2018 (gov.uk, current versions); PACE Code C 2023 (gov.uk).

Disclaimer. PSR Train is independent exam-prep for PSRAS candidates in England and Wales. It is not the SRA, the LAA or an assessment organisation (Cardiff or Datalaw). These are original training items, not past papers. Check every point against the current PACE Codes, the legislation and your assessment organisation's materials. This is general training information, not legal advice, and it does not replace your firm's supervision.