ECSH33025 - Contemporaneous notes of meeting
Keeping an accurate record of the conversations you have with a business is fundamental to a well-worked case. It does not need to be verbatim, but you should try to record as much as you can.
If you are using handwritten notes, follow the guidance at ECSH 33026 Notebooks
If you are using a tablet or laptop to take notes, follow the guidance at ECSH 33027 Digital notebooks
When should notes be made?
Notes should be made in real time or as soon as possible after the event. The longer the time between an event and a notebook entry, the lesser the credibility of the notes.
The notetaker
Either the lead or second officer may act as the note taker butonly one set of notes should be made, even if there are two officers present.
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The notetaker should control the pace of the meeting, to ensure there is an accurate record produced. They should confirm spellings, any acronyms used and ask for clarification where needed.What to record
It is important to note down everything seen, heard, or said. This may include:
the location of the meeting or number called if it’s a desk-based intervention
the date, start, finish and time of any other significant events, for example someone joining the meeting
who is present at the meeting and their reason for attending, for example the director or business’s compliance adviser
the name of the sector and purpose of the meeting
agreement to notes being taken and any special circumstances, for example customers needing extra support or any powers being used
what questions were asked, and responses received, ensuring you use initials to identify who said what
full details of any documents and records seen
any breaks you offer to the business, even if the business decides not to have a break at that time, otherwise the business could claim that they were forced to answer under duress and your evidence may not be valid
facts and observations (for example, the number of customers you observe) – but not opinions the appearance of records and/or systems used
the number of desks and/or computers
any transactions overheard, or if customers are being turned away
agreed next steps along with reasonable timescales
Other potentially pertinent records
It can be misleading during litigation if the business presents a document which it contests it provided to you during the intervention, if you don't record exactly what you were given. Ask for copies of documents you will need to rely on rather than try and write down all the details. In court, it is very difficult to say it was the exact document you saw unless you have a copy. See ECSH 33725 Electronic documents and records and ECSH 33730 Copying or removing documents]
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Admissible evidence
Usually only your notebook entry is admissible in criminal proceedings.
A copy of your notes of meeting will be available in the court bundle but you can’t take a copy in with you or annotate it with trigger notes.
Recording information
For guidance on how and what information you can and can’t record, see [Link to ECSH 33030 Recording information].
Amending information after finalising your notes
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Aide memoires
If you use an aide memoire with standard questions to assist you during a compliance check, you must record responses to questions in your notebook or digital notes and make it clear which question was asked. Responses must not be recorded on a pre-printed aide memoire.
A copy of the aide memoire must be retained as part of the audit trail and an electronic copy stored in Caseflow.
Misuse
Deliberate misuse of notebooks may lead to prosecution for attempting to pervert the course of justice and/or disciplinary action.
Any officer who becomes aware of notebooks being misused must bring the matter to the attention of their manager.