Photography in Public Places

The following article is reproduced with kind permission of the Royal Photographic Society in whose Journal it was recently published. You might find it useful to keep in your camera bag.

The National Policing Improvement Agency issued new guidelines in November relating to the implementation of stop and search under the Terrorism Act 2000.

After reported difficulties and misunderstandings relating to the implementation of the Terrorism Act 2000, the National Policing Improvement Agency (NPIA) issued advice relating to the implementation of stop and search under the Act at the end of November, stating 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 (power to stop and search people and vehicles under section 44 of the Terrorism Act). These powers are exceptional, and should only be used in specific circumstances."

Further, the advice reminds police that the 2000 act is meant for use only in cases where the officer seriously suspects the individuals of gathering information for terrorist activities, saying, "If an officer suspects that photographs are being taken as part of hostile terrorist reconnaissance, then a search under Section 43 of the Terrorism Act or an arrest should be considered."

It reminds officers that the act does not prohibit people from taking photos in public places unless they are suspected of terrorist activities. Even if a police officer suspects an individual of taking photos to inform and aid terrorist plots, the police officer does not have any power to delete images or destroy film.

Power does remain for officers to restrict photography locally, to protect children, for example, but these decisions are made by local police forces. This was reiterated in July by Lord Bassam, who stated that: "Police officers have the discretion to ask people not to take photographs for public safety or security reasons. However, the taking of photographs in a public place is not subject to any rules or statute."

Despite the law, many professional and non-professional photographers have reported intervention and obstruction by the police in public places. Earlier this year, RPS Director General Stuart Blake contacted the Home Office to clarify the legality of photography in public. The reply, dated 6 June, stated, "There is no legal restriction on photography in public places", and that, "It is for the Chief Constable to ensure that officers and Police Community Support Officers are acting appropriately with regards to photography."