Abstract

Covert audio recordings feature in the criminal justice system in a variety of guises, either on their own or accompanied by video. If legally obtained, such recordings can provide important forensic evidence. However, the quality of these potentially valuable evidential recordings is often very poor and their content indistinct, to the extent that a jury requires an accompanying transcript. At present, in many international jurisdictions, these transcriptions are produced by investigating police officers involved in the case, but transcription is a highly complex, meticulous and onerous task, and police officers are untrained and have a vested interest in the influence of the transcript on a case, which gives rise to potential inaccuracy. This paper reports the design and results of a controlled transcription experiment in which eight linguistically trained professional transcribers produced transcripts for an audio recording of a conversation between five adults in a busy restaurant. In the context of covert recordings, this recording shares many of the typical features of covert forensic recordings, including the presence of multiple speakers, background noise and use of non-specialist recording equipment. We present a detailed qualitative and quantitative comparison of the transcripts, identifying areas of agreement and disagreement in (a) speaker attribution and (b) the representation of the linguistic content. We find that disagreement between the transcriptions is frequent and various in nature; the most common causes are identified as (i) omission of speech that is included in other transcripts, (ii) variation in the representation of turns, (iii) orthographic variation seemingly motivated by phonetic similarity, and (iv) orthographic variation seemingly not motivated by phonetic similarity. We argue that the variable nature of the transcription of “challenging” audio recordings must be considered in forensic contexts and make recommendations for improving practice in the production of forensic transcriptions.

Highlights

  • Covert audio recordings feature in the criminal justice system in a variety of guises, either on their own or accompanied by video

  • This paper reports on the design and results of a controlled transcription experiment in which eight linguistically trained, professional transcribers each transcribed the same audio recording using the same transcription conventions

  • The transcriptions were generated in the pilot phase of data collection for a large corpus of orthographically transcribed audio recordings known as the Spoken British National Corpus 2014 (Spoken BNC 2014; Love et al, 2017), which was gathered by Lancaster University and Cambridge University Press

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Summary

Introduction

Covert audio recordings feature in the criminal justice system in a variety of guises, either on their own or accompanied by video This can include clandestine ‘undercover’ recordings made by police, serendipitous recordings captured incidentally and recordings made by victims or witnesses on their mobile devices. Specifying Challenges in Transcribing Covert Recordings can capture a criminal offence being committed or can contain incriminating (or exculpating) material, including admissions of guilt, involvement, or knowledge of criminal activity. In other words, they can help in determining if a crime has been committed, what that crime is and who might be responsible. The quality of these potentially valuable evidential recordings is often very poor and their content indistinct, to the extent that a jury needs an accompanying transcript to assist in two tasks (i) working out what is being said (e.g. in cases of disputed utterances), and (ii) in multi-speaker recordings, working out who is saying what (cf. Fraser 2021a: 416)

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