sec.438Access to electronic recordings of questioning etc.

### sec.438 Access to electronic recordings of questioning etc. This section applies to the electronic record of the questioning, confession or admission, or confirmation of a confession or admission, of a relevant person that is made under section 436 or 437 (7) . A police officer must, without charge— if the recording is— an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or if both audio and video recordings were made— make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or if a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript. Subsection (2) applies subject to any other Act. s 438 (prev s 228) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 13 (sec.438-ssec.1) This section applies to the electronic record of the questioning, confession or admission, or confirmation of a confession or admission, of a relevant person that is made under section 436 or 437 (7) . (sec.438-ssec.2) A police officer must, without charge— if the recording is— an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or if both audio and video recordings were made— make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or if a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript. (sec.438-ssec.3) Subsection (2) applies subject to any other Act. - (a) if the recording is— (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or - (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or - (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or - (b) if both audio and video recordings were made— (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or - (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and - (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or - (c) if a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript. - (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or - (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or - (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and - (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or