11 Feb 2009
A lawyer's point of view on Section 44
Olivier Laurent
Amateur Photographer published today a summary of the BBC Radio 4 Law in Action programme in which reporter Clive Coleman interviews solicitor Rupert Grey of media specialist law firm Swan Turton about the increasing number of incidents pitching police officers against amateur and professional photographers.
The interesting point Grey makes is that '[The officers] are entitled to stop and search, look at what you have got and that is the limit of authority under that section. What appears to have been happening after that is they have, in some cases, arrested and then de-arrested the photographer. In other cases they have seized their material. In one case they deleted the material - and that is, in itself, a criminal offence.'
Grey added: 'It is really important that we are vigilant about our right to take photographs and our right to record and our right, as a photographic profession - as the press - to bear witness to the lives of ordinary citizens in this country. The moment the police or the state start interfering with exercise of that right - in ways other than are justifiable - then it is time for citizens to begin to say "hold on a minute, we just need to get this in perspective".'
The journalist also talked to the Association of Chief Police Officers who used the party line: 'Police Officers may not prevent someone from taking a photograph in public unless they suspect criminal or terrorist intent. Powers to stop and search are strictly regulated by law and once an image has been recorded, police have no power to delete or confiscate it without a court order.'
We heard that one before.
Read the full transcript at Amateur Photographer.
To listen to the Law in Action show, click here.
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