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Old 10/09/08, 04:50 PM   #445 (permalink)
kenneth
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Join Date: 05/09/08
Location: West Riding
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Default Re: Advice to photographers in Uk (was "My fellow criminals...")

I found what, seems like useful guidelines for photographers in public places and below find copy of that information


Photography in Public Places- The Law


Under UK law, there are no restrictions on taking any photographs in a public place or taking photographs of individuals, whether they are adults or minors.

There is no right to privacy in a public place.

Equipment may not be confiscated, or images deleted by any person or officer of the law unless a warrant for such action is issued.

Any attempt without a warrant is an assault under UK law.

Security guards have no powers in a public place. They can only call the police if they have reasonable grounds for suspecting that you are committing a criminal offence.


GUIDELINES FOR THE POLICE:

1. The public has a legitimate right to attend the scene of incidents. The presence of a photographer at an incident does not of itself constitute any unlawful obstruction or interference.

2. As long as the photographer does not break the law, or interfere with an investigation, or cross a cordon, a police officer should not impede the photographer. Photographers who break the law will be dealt with in the same manner as any other offender.

3. A crime scene remains closed whilst evidence is being gathered and detailed forensic examinations take place. The reasons for denial of access should be explained and access granted as soon as possible with permission from the Senior Investigating Officer.

4. The public have the right to photograph events that occur on public property. The police may allow the public on to private property where an event of public interest has occurred and they have the permission of the owner. They should enter peacefully and not cause any physical damage or attempt to alter any details for photographic purposes. The rights of an owner of private property should be respected and may lead to photographers being asked to leave. If the owner of the property does not give permission then any attempt to gain access would be trespass.

5. Police officers should not restrict the taking pictures or asking questions of other parties, even though the officer may disagree with the purpose. It is not a police officer's role to be the arbiter of good taste and decency.

6. Police officers do not have the authority to prevent a person taking a photograph or to confiscate cameras or film, and such conduct could result in criminal, civil or disciplinary action.

7. If a situation becomes an identifiable Breach of the Peace then a photographer has a duty to disperse if asked to do so.

8. Photographers should not park their vehicles in a way that will obstruct other traffic or hamper emergency vehicles or officers carrying out their lawful duty.

These guidelines have been sanctioned by Chief Constable Steve Green and the National Union of Journalists.



Human Rights Act 1998
Article 1 of Protocol 1: Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
Everyone has the right to the peaceful enjoyment of their possessions.

Public authorities cannot interfere with a person’s property or possessions or the way that they use them except in specified limited circumstances.

Protocol 1, Article 1 Protection of property

The protection of property under Protocol 1, Article 1 has three elements:

• A person has the right to the peaceful enjoyment of their property.
• A public authority cannot take away what someone owns.
• A public authority cannot impose restrictions on a person’s use of their property.

However, a public authority will not breach this right if a law says that it can interfere with, deprive, or restrict the use of a person’s possessions, and it is necessary for it to do so in the public interest.

The Article requires public authorities to strike a fair balance between the general interest and the rights of individuals.

Possessions and property:

has a wide meaning, including land, houses, leases, money and personal property.

Where possible, a public authority should try to ensure that policies or decisions do not interfere with peaceful enjoyment of possessions, restrict the use of possessions or take away possessions.

If a public authority does decide that it is necessary to interfere with someone’s possessions or their use, there must be an objective and reasonable justification for that.

A public authority can be asked to produce reasons for its decisions.


Guidelines
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On the basis that filming is restricted to public walkway using only a camera and tripod and portable sound equipment, no special licences or indemnities are required. Please note that crew and equipment must remain on the public walkway at all times, except where separate permission to film on private property has been obtained. Neither crew nor equipment may cause any obstruction or danger to pedestrians wishing to pass by on the walkway.


If you are stopped in the street by officers with the intention of searching you, and you object to this, do the following:-
• Make it clear that any stop and/or search is carried out without your permission and under compulsion, but that you will co-operate with the search.
• Make sure the officers identify themselves properly. They must, if you ask, show you their warrant card, and allow you to make a note of their names and numbers.
• You are fully entitled to be informed of the name, number, and station of each officer. If you are not told each of these, the search will be unlawful, and any arrest which follows will be unlawful. If it unlawful, you may be entitled to claim damages against them.
• Ask what they are looking for, and on what grounds. They must have reasonable grounds for the stop and search. If they refuse to state their grounds make a note of the refusal.
• They must record the stop and search. Ask them to give you a note which will allow to you to get the record of the stop.
• If the place is very public, it is tempting to find somewhere less humiliating for the process. It is probably better to stay in public.
Though such stops and searches are recordable by the police, it is notorious that they do not in fact make such records, particularly outside London. Above all, make it clear that you will co-operate.
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With Regards Kenneth
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