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Category: Industry News

Revised stop and search policy is released - The National Policing Improvement Agency (NPIA) have released the revised practise advice on stop and search policies.

Posted: 2nd December 2008
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NPIA logoThe guidelines which may stop some of the problems photographers have had when photographing in the street may be put to an end as the NPIA have finally released their new policy.

"The guidance has been circulated to forces for final comment. As with all guidance, following consultation, it will require formal endorsement by ACPO (Association of Chief Police Officers), when it meets in the next couple of weeks," said Peter Mandich the NPIA's Press and PR Manager.

The policy clearly states that: "The Terrorism Act 2000 does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place. Officers should not prevent people taking photographs unless they are in an area where photography is prevented by other legislation."

It does say if a police officer suspects that the photographs are being taken as part of hostile terrorist reconnaissance, a search under section 43 of the Terrorism Act 2000 or an arrest should be considered. The document then goes onto explain in detail how this should be carried out.

The policy can be downloaded from the NPIA's website and the section relevant to photographers is section 2.8.

Do you think this change to the policy will make a difference? Leave your comments below.

 

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Comments

DunDiggin
2 Dec 2008 - 11:34 AM

That's a very brief piece of guidance, as far as photography is concerned, buried within a much larger document on anti-terrorism stop and search. As such, it leaves the reader having to presume that the meaning is for photographers to be allowed to photograph freely other than in exceptional circumstances. It doesn't read as clearly as that, but it does emphasise the seriousness of Section 43 or 44 searches and that there are no powers to delete or force the deletion of images.

Not the clear guidance most photographers would wish for, and relating only to anti-terror law, so not covering other legislation.

I think that, from most photographers' perspective, a clear publication about what they can/cannot photograph and how they stand in law is what is really required.

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2 Dec 2008 - 12:57 PM

Mike Otley
Mike Otley (e2 Member)
8
17000 forum postsMike Otley vcard Norway8 Constructive Critique Points
2 Dec 2008 - 12:57 PM

The actual wording is:

2.8 PHOTOGRAPHY
The Terrorism Act 2000 does not prohibit people from taking photographs or digital images (their emphasis) in an area where an authority under section 44 is in place. Officers should notprevent people taking photographs unless they are in an area where photography is prevented by other legislation.
If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance, a search under section 43 of the TerrorismAct 2000 or an arrest should be considered. Film and memory cards may be seized as part of the search, but officers do not have a legal power to delete images or destroy film. Although images may be viewed as part of a search, to preserve evidence when cameras or other devices are seized, officers
should not normally attempt to examine them. Cameras and other devices should be left in the state they were found and forwarded to appropriately trained staff for forensic examination. The person being searched should never be asked or allowed to turn the device
on or off because of the danger of evidence being lost or damaged.

Last Modified By Mike Otley at 2 Dec 2008 - 12:59 PM
Jools_jti
2 Dec 2008 - 3:20 PM

After reading this lengthy document, I am still no further assured that the same treatment of photographers will not continue.

The wording only gives guidance that images should not be viewed or cameras operated to preserve evidence. How is it determined that the images should be considered evidence without viewing? The police therefore can only deal with a suspected violation by seizing camera equipment for forensic analysis.

There are many points that are not addressed and this document adds nothing to what legislation was already in place, and ignored.

Photographers will have to remain on their toes and need to be prepared to question their treatment.

Big Bri
10
14594 forum posts England
3 Dec 2008 - 8:38 PM

I think I'll print that out 2 foot by 3 foot on my Z3100, just in case.

mattswain
3 Dec 2008 - 9:00 PM

I can imagine the average copper will apologise for their ignorance and then assist you take your photos by clearing passers by out of the way that are blocking your view of the subject when confronted with a piece of paper that tells them that they don't know what the law actually is!!!! Yeah, right. Course they will. I'm not holding my breath on this making any difference at all.

MattGrayson
4 Dec 2008 - 12:25 AM

My concern is that it's saying the police aren't allowed to stop you for taking pictures. Unless they think you're taking pictures for terrorist plots and such.
Isn't that the problem anyway? Police thinking photographers are terrorists?
If they think this then they can stop you under the terrorism act and search you anyway.

Bottom line, nothing has changed. Sad

Coleslaw
Coleslaw (e2 Member)
6
12380 forum postsColeslaw vcard Wales30 Constructive Critique Points
4 Dec 2008 - 1:22 PM


Quote: Bottom line, nothing has changed.

exactly!!!

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