International Law

NPIA Practice Advice on Stop and Search in relation to Terrorism and on the War on Photographers

The National Police Improvement Agency, on behalf of the Association of Chief Police Officers has now issued some updated advice:

Practice Advice on Stop and Search in relation to Terrorism (.pdf)

Every person searched under section 44 should be told explicitly that they are not suspected of being a terrorist.

This is rather misleading, since if you are stupid enough to allow the Police conducting a Terrorism Act 2000 section 44 stop and search to take your Name and Address etc, something which they have no power to demand under that particular section, but which they very often attempt to do, especially when completing the cumbersome paper Stop and Search Form (or the new, supposedly quicker electronic version), you will eventually have this data logged on an electronic database, which may well be handed over in bulk to foreign police and intelligence agencies.

This information could also be disclosed , to your detriment when applying for jobs, in future Criminal Records Bureau Enhanced Disclosures.

The "Good News" is that this NPIA / ACPO practice advice, which must surely form the basis of the training and operational briefing of Police Officers, specifically re-iterates that there are no restrictions on Photography or Digital Imaging conferred by the Terrorism Act 2000.

2.8 PHOTOGRAPHY

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. Officers should not prevent people taking photographs unless they are in an area where photography is prevented by other legislation.

If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance, a search under section 43 of the Terrorism Act 2000 or an arrest should be considered. 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.

Full post as published by Spy Blog on December 02, 2008 (boomark / email).