Transcript of Taped Interview Under Caution

[PaulSabin]

The transcript varies slightly from the tape recording as something is said, but as the person was being talked over by some one else, this has not been noted on the transcript. Should it have been, at least to say something was said but was not audible?

At what stage can someone request the tape to be played at court when previously they were happy with the transcript to be read?

[New Judge]

Any evidence produced against you in criminal proceedings can be challenged in court.

If the prosecution intends to use the transcript in its evidence against you and you disagree with the transcript and believe it is not a true record of the interview you are entitled to have the tape produced and played.

When you would do so depends on what the differences between the transcript and the spoken words are � and, critically, what difference the discrepancy makes to your case. (It is no use simply pointing out that a discrepancy exists if it makes no material difference to the outcome).

If the prosecution wants to rely on the transcript with which you disagree they would normally need to produce it in their evidence. However, you may do this as part of your defence evidence (if you plead not guilty). In this case you would produce the tape in evidence and have it played to the court, pointing out what you believe to be the relevant discrepancies.

You may also do so if you plead guilty but include a �basis of plea�. Normally when a guilty plea is entered the prosecution�s version of events are accepted at their highest level and cannot be challenged. If you include a basis of plea you are effectively saying �I committed the offence, but the interview was not as transcribed�. You would need to describe the discrepancies and the magistrates or judge would decide whether they needed to hear the tape or not, or simply accept your version.

To bother with all this the discrepancies must provide information that would influence either the verdict or the sentence (or cast doubt on the validity of other evidence produced).

If they do not there is simply no point. You really need a solicitor to go through all this with you.

[jedimistress]

Thanks New Judge. It was just one point I wanted to raise about my interview under caution. There are a few others too, so this point would help build up a bigger picture.