Following the introduction of new Police powers in the UK on the 16th February 2009 under Section 76 of the Counter-Terrorism Act 2008. I thought it would be useful to clarify the situation for those of us working with cameras in public places. It is important to note that I am an ex newspaper photographer and a street photographer not a lawyer, this is the law as I understand it and practice it based on the guidlines document given to UK Police Officers (see notes).

1 – The UK is a democracy, everything that happens in a public place is a matter of public record. You may photograph anything you can see from a public place. Be aware that even privately owned land may still be a ‘public place’ if the public have free and unhindered access. Security Guards may tell you different but if there is no entry fee or gates to open you may take pictures. If a private security guard tries to move you on, I recommend calling the local Police to settle the debate. You must, however, make sure you are not causing an obstruction.

2 – As a rule ”officers should not prevent people taking photographs unless they are in an area where photography is prevented by other legislation.”* this means you should not be stopped by a Police officer for taking pictures unless you are photographing in an area covered by special legislation such as military bases or railway stations.

3 – Since 16th February 2009 the Police can stop you if they “reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance”* This means you may be stopped and questioned if a Police Officer thinks your picture taking is suspicious. However, the officer must be able to demonstrate ‘reasonable suspicion’ and we must hold the UK Police to using that power carefully, this is how:

•   Most importantly remain calm, polite and cooperative throughout the following.

•   As soon as you are stopped whilst making pictures in a public place, write down the officers unique identification number which appears at the top of his sleeve by the shoulder.

•   The officer should explain clearly why he has stopped you, if he doesn’t you must first establish if you have been stopped for ‘obstruction’ or under ‘anti terrorist legislation’.

•   I recommend  that you actually ask the officer this question “Sir, will you explain to me what aspect of my picture making has given you the ‘reasonable suspicion’ required to stop me under section 43 of the Terrorism Act 2000?”

•   This is exactly what the officer is empowered to do and not to do:

“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.”*

•   If you have read this, it is likely that you will be more aware of the law than the officer who has stopped you. Our aim here is to highlight to the officer and his Police Authority and ultimately the Home Office that this legislation is unenforceable. Therefore your next move is to thank the officer, return home and write to your Police Authority to complain about the misjudgment of officer #____ to correctly interpret the phrase ‘reasonable suspicion’ under section 43 of the Terrorism Act 2000. Record the specific incident with the Police Authority and your MP as an infringement of your freedoms.

notes:

* From the The National Policing Improvement Agencies document ‘Practice Advice on Stop and Search in Relation to Terrorism’

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