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Short answer: if you're charged or told you'll be prosecuted, you're entitled to a copy of your interview recording. If you're not charged, you only get one if the police agree or a court orders it, though you can also make a subject access request for your personal data.
What Code E says about recordings and notices
Interviews under caution are normally audio recorded under PACE Code E. At the start, the officer must tell you that you'll be given a copy of the recording if you're charged or informed you'll be prosecuted, and that otherwise you'll only get a copy as agreed with the police or on a court order (Code E 3.4(e)).
At the end, you must be handed a notice explaining how the recording will be used, how access to it works, and that if you're charged or told you'll be prosecuted a copy will be supplied as soon as practicable, or as agreed, or on a court order (Code E 3.21). Keep that notice.
If you are charged
Once a case goes to court, the prosecution material, including the interview recording or a summary of it, goes to your solicitor through the court and CPS process. Your solicitor will listen to it when preparing your case.
If there's no further action, or you're released under investigation
If you aren't charged, the Code E entitlement to a copy doesn't arise. You can ask the police, and you can make a subject access request for personal data held about you. Information police hold for law enforcement purposes falls under section 45 of the Data Protection Act 2018. The ICO's guidance explains how to make a request, and Kent Police publishes its own request route on its website. Police can restrict access where that is necessary and proportionate, for example to avoid prejudicing the investigation or prosecution of offences (s.45(4)).
If you're released under investigation, the investigation is still open, so expect parts of a request to be refused for that reason.
How your solicitor gets it
If you're charged, your solicitor gets it with the prosecution papers. Before charge, a solicitor can write to the officer in the case asking for a copy, but police don't have to agree. Disclosure duties in criminal cases are governed by the Criminal Procedure and Investigations Act 1996.
Timescales
For a subject access request, police normally have one month (Data Protection Act 2018 s.54). The ICO says the extra two months that other organisations can sometimes take don't apply to information collected or used for law enforcement reasons, which covers most police information. The clock starts once police have what they need from you, such as ID. For charged cases, Code E says "as soon as practicable"; there's no fixed number of days. I won't guess how long Kent Police takes in practice. See also charge or NFA timescales.
Related guides
Charged after a Kent police interview? Talk to us
(Contact) for current custody or a booked voluntary interview. Police station legal advice under legal aid is free and not means-tested.Ask for Robert Cashman, Tuckers Duty Solicitor. Legal services are provided by Tuckers Solicitors LLP.
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Conclusion
If you're charged, you'll get the recording through the case. If you're not, you can ask, or make a subject access request, which police normally have one month to answer. Keep the Code E notice you were handed after interview.
Sources
Sources checked: 16 October 2026.
- PACE Codes E and F 2018, Code E paras 3.4(e) and 3.21: GOV.UK
- ICO: What to expect after making a subject access request
- Data Protection Act 2018 s.45 (law enforcement right of access): legislation.gov.uk
- Criminal Procedure and Investigations Act 1996: legislation.gov.uk
General information only: not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP.