Photography... and the law.

[PoundforaBrown]

Hi guys.
I've posted this to try and start a guide to photographer's rights and any advice for photographers when dealing with the law.

I have been stopped and asked to account for myself on a fair amount of occasions in London and indeed in Oxfordshire for just taking photographs.

My wish is to compile as much information together, be it guides, personal information, the law, code of practices for the police and a general discussion about photography and the law. It will be something very useful for the budding photographer to learn and understand the procedure of what the police can do and what you could/should/ought to do to minimise conflict, harassment or even arrest.

To a photography beginner or someone who had trouble before can find conflict involving the police can be very intimidating.

Photography is not a crime but some people like to see it as one.

 

[PoundforaBrown]

Firstly the police or PSCO can stop you and ask you to account for what you are doing. This is within their right. They or a member of the public might portray someone with a big cool looking DSLR as being a bit suspicious.

This called a Stop and Account it is NOT a Stop and Search. The police will ask you what are you doing, just say to them "Taking photographs officer". Be kind and courteous to them, it's only a question. "It's a sunny day, there's plenty of plants and wildlife and people around. I'd be silly to stay indoors on a day like this"... you get my point.

This should suffice (if you have followed some of the rules which were posted above). At no time are you OBLIGED to give your details to an officer during this stage. He may say "you must, in order for me to check on you or to record", again you are not OBLIGED to. The police do not have to make a record or give you a receipt. But you may be asked to give your ethnicity.

 

[PoundforaBrown]

If the answer you gave to account for yourself doesn't please the officer. They may ask to view your photographs. (This is where you can get a bit pedantic in what I am saying) The police have no power to view images except under Section 43 of the terrorism act otherwise they can't force you to. Again you are not OBLIGED to show them. ( I on the other hand show them a few pics and talk about bokeh and be quite technical with them. This usually confuses them and they will be satisfied)

If you truly value your privacy and you decide not to show them your photographs this is now going into the Stop and Search category.

The police can stop and search any person, however, before they stop and search they must have reasonable grounds for suspecting that they will find for example stolen goods, weapons or drugs.
Before a search they must or you should first retrieve information by asking:

• what they think they might find when they search you.

• the reason for the search.

• the police officer's name and police station.

A police search can be very frustrating, just remain calm and polite. Remember you do have rights even in a stop and search. They must supply you with these answers for reason of searching you.

There is no power for the police to stop or detain a person in order to find grounds for a search.

If you are searched, they must or if its not appropriate to do so give you a record of the search. At no time are you OBLIGED to give them your name, address, date of birth. If they don't find anything during a search you must be told you are free to go. If not, ask them "Am I free to go?"

 

[PoundforaBrown]

When it comes to Byelaws in certain parts of London for example Parliament Square or St James's Park, you are free to photograph if you are doing it without commercial purpose.

I've heard a lot of storys about GLA officers saying "you can't photograph here" they are wrong. Ask to see the bye laws, if its against the law they must provide you with that information.

 

[PoundforaBrown]

This is quite a poor explaination of the law and a bit of a mishmash of three different powers.

The main tool for the Police to stop and search people comes from Section 1 of the Police and Criminal Evidence Act 1984.

When carrying out a search Officers should identify themselves, give the grounds for the search, what they are searching for, their name and station, the legal power they are using and the fact that the person is being detained for the search (since you can use reasonable force to conduct a legal search).

Section 43 of the Terrorism Act 2000 is the one where Police Officers can stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist (this clearly can include Camera/Video Recorders/Mobile phones/Maps/Plans etc.). Officers can under this power examine images on any recording device.

Section 23 of the Misuse of Drugs Act 1971 is the power whereby if a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may:

search that person, and detain him for the purpose of searching him

search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it

seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.

You are correct with your statements - Remember you do have rights even in a stop and search. There is no power for the police to stop or detain a person in order to find grounds for a search (those grounds must be there prior to the stop). You're also right in stating that Officers must identify themselves, the powers used, the object of the search etc.

If searched a written record of the search must be provided or if not practicable to give you a copy then and there, they should tell you where you can obtain a copy (usually the Officers station)

As for talking technical stuff about photography claiming this will confuse and satisfy them, I really do hope you don't meet me on Patrol since I'll more than happily discuss photographic techniques with you.......

I know it's a bit of a mishmash. I just wanted to start a discussion for photographers to use and maybe use as a guide. I was welcoming people to write what they know about or have any experiences that could help out the everyday snapper and it's great info that you posted.

On the contrary I actually really hope that I see you on patrol. I'd love to have a chat with you about photography.