Paragraph 4 Recording of information

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 1(3) inserted by Investigatory Powers (Consequential Amendments etc.) 2018 Sch. 1 para. 8
Sch. para. 2(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(a)(i)
Sch. para. 2(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(a)(ii)
Sch. para. 3(1) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(i)
Sch. para. 3(3) words substituted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(ii)
Sch. para. 3(7) words inserted by Armed Forces (Tri-Service Serious Crime Unit) 2022 reg. 3(3)(b)(iii)

(1)

If material which may be relevant to the service investigation consists of information which is not recorded in any form, the officer in charge of the investigation must ensure that it is recorded in a durable or retrievable form (whether in writing, on video or audio tape, or on computer disk).

(2)

Where it is not practicable to retain the initial record of information because it forms part of a larger record which is to be destroyed, its contents should be transferred as a true record to a durable and more easily-stored form before that happens.

(3)

Negative information is often relevant to an investigation. If it may be relevant it must be recorded. An example might be a number of people present in a particular place at a particular time who state that they saw nothing unusual.

(4)

Where information which may be relevant is obtained, it must be recorded at the time it is obtained or as soon as practicable after that time. The requirement to record information promptly does not require an investigator to take a statement from a potential witness where it would not otherwise be taken.