Looking for some thoughts on writing a "process Instruction" for recording audio statements after accident / incident has occurred. I have a pen which will write notes and record the spoken word at the same time. This information can then be up-loaded into a word document and entered into an accident data base

You will have to ask their permission as any evidence gathered from such an exercise would be inadmissible in a disciplinary/legal scenario, unless you have a written statement to the effect that the interviewee is amenable to the recording. Unless you have some method of proving that you cannot not edit the recording, I would stay away from using a digital format. With regard to mechanical recording, you are also required to provide either a copy of the recording which can be sealed and this must be done in the presence of the interviewee. This will be classified as the master recording, the other copy being used by the investigating party. If you do not have a twin record facility, then you must make a copy of the tape in front of them.

We are perhaps being a bit "heavy" on the evidential issues for what is presumably an in-house attempt to get round the problem of attempting to conduct and interview whilst simultanaeously taking notes - the obvious reponse being that this isn't practical (and very near impossible). Provided it is understood by all that the only accepted record is the final, agreed, typed/ MS Word statement, and everything is open, honest and above board - why not?

Ron, If the accident/incident develops into a court case, be it civil or criminal, the evidence presented to the court could be ruled inadmissible if protocols (such as code e of PACE) aren't followed. I would respectfully suggest that the OP seeks pertinent legal advice regarding the creation of the protocol as the cost expended could be minuscule compared to the sum awarded as a result of evidence being excluded.

Ron One intention seems to be to upload a veerbal record straight to a Word AR - this could be construed as using the verbal as the primary source in a disclosable document. It can get messy, but of course there is no problem with using the recorder as a personal dictaphone to aid transcription into a final doicument Bob

I'd keep well away from any form of audio recording of statements. You might think that it will save you some time but it you want a statement that makes sense, write it down. Remember that you are not being expected to produce evidence that can be used in a court of law in the same way as a statement made under PACE. A people do not respond to questions in coherently anyway, they waffle and get off the point. Even if you have an audio statement you would need to write it up so you could produce a “story “of what actually happened. This is what I do (especially if I do not have a notetaker as I rarely do): 1. 1. Talk to them informally without taking notes; get a feel for what happened. 2. Having decided what questions need to be answered and what answers you might get, ask these questions and note down the answers. 3. Write these notes up as a coherent story. 4. Get back to the interviewee with this statement and ask them sign it off as a true representation of what they thought happened. Remember you are not (or shouldn’t be) in the business of trying to trip up your interviewees. Leave that sort of silly business to the HSE and the police. This is based on advice from a barrister we got in once to advise us on statement taking.