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Introduction

[SceneThat Comment:]

Jargon and acronyms etc

We've tried to keep this as understandable as possible. If we've lapsed into cryptic jargon anywhere, please let us know and we'll do our best to make things clearer! One thing we struggle to eliminate, and fail regularly, is the shorthand for some of the legislation. So if you occasionally see something like CTA2008_s76 you're supposed to instantly know we mean the Counter Terrorism Act (2008), section 76. Sorry. We will try harder!

About the flags... (Matters of jurisdiction)

The flags are the top right of the page are not some sort of anti-Scottish sentiment (or anti-Northern Ireland for that matter!), they are simply a reminder that the law is different in those parts of the UK - and (so far) our restricted time has focused SceneThat on the law in England and Wales.

Misc. Law

General law

There are several good general summaries of specific laws relating to UK photographers. One of the best we've found is by Linda Macpherson LL.B, Dip. L.P., LL.M and is hosted on the Sirimo website External link (Opens in new window) [They have requested that people do not deep link direct to the PDF, so we have respected that request.]

Most of the restrictions that limit photography are imposed as a matter of civil law (in a contract of various sorts) and usually concern commercial photography. There are, however, notable exceptions that impose statutory restrictions on photography or photographers.

Specific laws

(Not otherwise covered on this site)

The Human Rights Act 1998 can be found here External link (Opens in new window) for reference.
The European Convention Convention for the Protection of Human Rights and Fundamental Freedoms can be found here External link (Opens in new window)PDF document, on this site for reference.

We include links to the Police and Criminal Evidence Act 1984 (PACE) External link (Opens in new window) and accompanying Codes of Practice External link (Opens in new window) for reference.

The police regularly de-arrest people under section 30, subsection (7) and (7A) of the Police and Criminal Evidence Act 1984, which defines "de-arrest" as allowing "a person who has been arrested under any act of law at a place other than a police station, shall be released before reaching a police station if a constable is satisfied that there are no grounds for keeping him under arrest". Unlike being released with no further action, being de-arrested means that the record of the initial arrest is removed.

Rights organisation Liberty have a brief explanation of Breach of the Peace External link (Opens in new window). Breach of the Peace is a complex yet frequently encountered charge, as under s24 of PACE an officer may arrest, without a warrant, a person who is about to commit an arrestable offence, or whom the officer has reasonable grounds for suspecting is about to commit an arrestable offence. However, if arrested for a breach of the peace you may not enjoy the statutory protections set out in PACE. This is because breach of the peace is not itself classified as a crime; therefore, when arrested, you have not been detained for an ‘offence’.

The Public Order Act 1986 External link (Opens in new window), particularly Section 5, is increasingly being cited as the legislation being used in the detention of, or issuing of fixed penalty notices to, photographers for "their behaviour".

Official Secrets Act 1911/20

[SceneThat Comment:]

Relatively few restrictions are imposed by the Official Secrets Acts of 1911 External link (Opens in new window) and 1920 External link (Opens in new window), but notably section 1 (s1 SceneThat's pages on this site) limits photography (sketch, plan, model, or note) of Prohibited Places (s3 SceneThat's pages on this site).

Terrorism

Index

Terrorism Act (2000) (Chapter 11) SceneThat's pages on this site PDF document, on this site External link (Opens in new window)
| Section 43: SceneThat's pages on this site | Section 44: SceneThat's pages on this site | Section 58/58A: SceneThat's pages on this site |

Terrorism Act (2006) (Chapter 11) PDF document, on this site External link (Opens in new window)

[SceneThat Comment: This is legislation that brought into effect parts of the Terrorism Act (2000), notably section 76 of the Counter Terrorism Act (2008) added section 58A to the Terrorism Act (2000) and is included for completeness]

Counter Terrorism Act (2008) (Chapter 28)
(inc s58A additions to Terrorism Act (2000)) PDF document, on this site External link (Opens in new window)

The Counter-Terrorism Act (2008)
(Commencement No. 2) Order (2009) PDF document, on this site External link (Opens in new window)

Data Protection Act (1998)

[SceneThat Comment:]

The Data Protection Act External link (Opens in new window) is frequently wrongly cited as a means of stopping people from taking photographs or filming videos. The Data Protection Act is unlikely to apply in many situations where photographs are taken for private purposes.

The Information Commissioner's Office have issued this comprehensive practical advice PDF document, on this site specifically relating to photographing children in schools.

They have also issued this press release PDF document, on this site reminding schools and parents of the right to photograph school events.

Stop and Search / Stop and Account

[SceneThat Comment:] 'Stop and Search' is not the same as 'Stop and Account'.

'Stop and Account' is the power used by police when a person is stopped and asked to account for:

  • their actions
  • behaviour
  • reason for being in a place
  • possession of anything

when the officer does not believe there are grounds to search the person.

Following a direct recommendation from Sir Ronnie Flanagan's 5 Review into Policing (2008), the Home Secretary changed the recording of police stops. The idea behind 'Stop and Account' is that a person who is stopped (but not searched) by the police does NOT have to give any personal information e.g. name and address, and the officer does not have to fill out a long form, thereby saving police and public time. To ensure accountability of the police, the officer will still need to let the person stopped know who they are (by giving them a receipt or business card with their details). The ethnic background of the person stopped will still be recorded so that the police can demonstrate that they are using their powers fairly.

The European Court of Human Rights ruled (12th January 2010) that it was unlawful for police to use "Stop and Search" powers, under section 44 of the Terrorism Act 2000, to stop and search people without needing any grounds for suspicion. The Home Office has said that they are disappointed with the ECHR ruling. They are considering the judgement and will seek to appeal.

Section 60 of the Criminal Justice and Public Order Act 1994 authorises police officers to stop and search individuals for weapons following designation of an area based on reasonable belief that serious violence may take place or that persons are carrying weapons. The Act can be found here.External link (Opens in new window)

The APA 4 poster with advice on Stop and Account is here.PDF document, on this site

The APA leaflet with advice on Police Stops (version in English) is here.PDF document, on this site

The Metropolitain Police offer this comprehensive guidance External link (Opens in new window) on Stop and Search. Note the paragraph which says, "The police officer will ask for your name and address and date of birth. You do not have to give this information if you don’t want to, unless the police officer says they are reporting you for an offence."

The National Police Improvement Agency issued this comprehensive practical advice PDF document, on this site on Stop and Search in relation to terrorism. Section 2.8 (page 19) refers directly to various photography related issues, particularly viewing or deleting pictures.

The City of London police have a section of their website devoted to Stop and Search External link (Opens in new window) within 'their area', including current statistics.

Children and Young people

[SceneThat Comment:]

This (for obvious reasons) has been the source of many heated debates, as people (officials and members of the general public) have taken the law into their own hands out of a misguided sense that they are protecting children from photographers. Whilst we fully understand and support their natural protective urge, we wish they would think and/or check more often before acting. Further comments are on this page, together with specific guidance issued by various official bodies.

National trust

[SceneThat Comment:]

Early in 2009, the National Trust sought to assert their rights by enforcing hitherto forgotten, relaxed or even questionable bylaws. Once again photographers complained that they were being forced to heavily research law books and re-read the small print of organisations' websites before going out to take a photograph.

Bearing in mind that the National Trust's own website boasts that "We protect and open to the public over 300 historic houses and gardens and 49 industrial monuments and mills. But it doesn't stop there. We also look after forests, woods, fens, beaches, farmland, downs, moorland, islands, archaeological remains, castles, nature reserves, villages - for ever, for everyone." photographers felt that were effectively being banned from taking photographs of some of the most scenic landscapes in their own country.

The reality is less sensational. The vast majority of restrictions are on the use of National Trust property for photography of a commercial nature. Photographs taken for personal viewing are NOT generally affected.

There is a microsite (by David Kilpatrick FBIPP Hon.FMPA) on this subject here External link (Opens in new window)

Copyright Action have a piece here External link (Opens in new window) questioning the legal basis for the National Trust stance.

Trainspotters

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National Rail offer this guidance External link (Opens in new window)

Copyright

[SceneThat Comment:]

Copyright law is often misunderstood and misrepresented. Rather than get completely sidetracked by the topic, we've provided this link to the UK Copyright Service External link (Opens in new window). We've found their general information in P-01 and photography information in P-16 to be particularly helpful.

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