On 08 May 2009, photojournalist James Mackay was walking through Waterloo mainline station when he "witnessed a number of Police Community Support Officers apparently detaining a male [who laid] on the floor in full view of the public and appeared distressed, crying out he was hurt and had done nothing wrong."

According to the civil rights law firm Bindmans LLP, which represented Mackay in his case against British Transport Police, the photojournalist "began to record the incident from a distance so as not to interfere with any police operation, wanting independent evidence of what had happened."

But, Mackay became the "subject of unwaranted and unlawful police attention," says the law firm. "The journalist complained he was threatened with arrest if he did not delete the six photographs he had managed to take, despite there being nationally in force guidelines agreed by the Association of Chief Police Officers that 'members of the media have a duty to take photographs and film incidents, and we (the police) have no legal power or moral responsibility to prevent or restrict what they (journalists) record'."

British Transport Police have now admitted that "it is clear from legislation and subsequent guidance that [the] PCSO was acting outside of his powers without justification."

"The NUJ is delighted that the complaint that the Police acted outside their powers has been upheld, and that it was recognised there has been 'an inherent lack of understanding' amongst Police and Police Community Support Officers about these issues," says Roy Mincoff, the Union's legal officer. "Following persistent representations by the NUJ, the Association of Chief Police Officers issued instructions and guidance as to compliance with the law. The NUJ will continue to monitor progress closely and will take any necessary action should there be future breaches. It is hoped that the message will get through to officers at all ranks that these rights are fundamental and cannot be ignored."