Amateur Photographer Magazine

 Police terror photography 'U turn': ACPO letter revealed IN FULL - Page One: Letter addresses 'Stop and Account'

Monday 7th December 2009

Chris Cheesman

Amateur Photographer has obtained a full copy of a letter sent to police chiefs, detailing officers' powers to stop photographers under anti-terrorism legislation.

READ ACPO's WARNING TO POLICE CHIEFS IN FULL HERE

NEWS UPDATE: Met pulls PCSOs from South Bank?



This is the first time that the letter has been published in full following last week's widespread media coverage.

The letter - written as a 'Memo' dated 4 December - was sent by the Association of Chief Police Officers (ACPO) to Chief Constables and Commissioners of police forces across England and Wales.

It includes 'clarification' of 'stop and account' procedures following concerns raised by Amateur Photographer magazine last week.

And it specifically addresses a law, introduced earlier this year, that potentially criminalises photography of police officers.

On the latter, ACPO's instructions to police are as follows: 'Section 58A Counter Terrorism Act 2008 provides powers to cover instances where photographs are being taken of police officers who are, or who have been, employed at the front line of counter terrorism operations.

'These scenarios will be exceptionally rare events and do not cover instances of photography by rail enthusiasts, tourists or the media.'


Police 'stop and account' procedure

'Stop and Account' is a form a police officer is legally required to produce once an officer demands someone's personal details.

On this the ACPO letter states: 'Encounters between police officers and PCSOs and the public range from general conversation through to arrest. Officers need to be absolutely clear that no record needs to be submitted to cover any activity that merely constitutes a conversation.'

It adds: 'Only at the point where a member of the public is asked to account for their actions, behaviour, presence in an area or possession of an item, do the provisions of the PACE [Police and Criminal Evidence Act] apply and a record for that 'stop and account' need be submitted. Even at that point a discussion does not constitute the use of any police power and should not be recorded under the auspices of the Terrorism Act, for example.'

However, the letter fails to spell out that the person being stopped is not, by law, required to supply this information.

ACPO had yet to comment on this at the time of writing.


Letter follows 'adverse media coverage'

The letter is signed by Andrew Trotter OBE, head of ACPO's Media Advisory Group and Craig Mackey, who represents ACPO on Stop and Search policy.

It begins: 'Adverse media coverage of the police service use of Section 44 powers, when dealing with issues relating to photography, have recently hit the headlines again and suggest that officers continue to misuse legislation that is available to them.

'The evidence also suggests that there is confusion over the recording requirements of 'Stop and Account' and the actual police powers of 'Stop and Search'. The purpose of this letter is to clarify the legislation and guidance in relation to these matters.'

Regarding Section 44 Stop and Search the letter adds: 'Section 44 gives officers no specific powers in relation to photography and there is no provision in law for the confiscation of equipment or the destruction of images, either digital or on film.

'On the rare occasion where an officer suspects that an individual is taking photographs as part of target reconnaissance for terrorist purposes, then they should be treated as a terrorist suspect and dealt with under Section 43 of this [Terrorism] Act. This would ensure that the legal power exists to seize equipment and recover images taken.'

READ ACPO's WARNING TO POLICE CHIEFS IN FULL HERE


NEWS UPDATE: MP lodges new Commons petition



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