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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.
Any information specifically relating to Northern Ireland or Scotland are highlighted by our use of these 'markers' 
and 
ACPO guidance
On 4th December 2009 ACPO re-issued guidance to Chief Police Officers. This is one of the most requested documents that visitors appear to want to read, so it is reproduced in text only format here 
.
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 
[They have requested that people do not deep link direct to the PDF, so we have respected that request.]
On 18th Aug 2009 Home Office circular 012 / 2009 (to Chief Officers of Police) attempted to clarify counter-terrorism legislation in relation to photography in a public place.
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 for reference.
The European Convention Convention for the Protection of Human Rights and Fundamental Freedoms can be found here: for reference.
We include links to the Police and Criminal Evidence Act 1984 (PACE)
and accompanying Codes of Practice 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 .
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 ,
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".
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Relatively few restrictions are imposed by the Official Secrets Acts of 1911
and 1920
,
but notably section 1 (s1 
) limits photography
(sketch, plan, model, or note) of Prohibited Places (s3 ).
Index
Terrorism Act (2000) (Chapter 11)
| Section 43:
| Section 44:
| Section 58/58A:
|
Terrorism Act (2006) (Chapter 11)
[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))
The Counter-Terrorism Act (2008)
(Commencement No. 2) Order (2009)
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The Data Protection Act 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 specifically relating to photographing children in schools.
They have also issued this press release reminding schools and parents of the right to photograph school events.
[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.
The APA 4 poster with advice on Stop and Account is here.
The APA leaflet with advice on Police Stops (version in English) is here.
The Metropolitain Police offer this comprehensive guidance 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 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 within 'their area', including current statistics.
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Countryside and Rights of Way Act 2000.
On 19 September, 2004, people were granted a legal right to roam across two previously restricted areas of England. More access followed as the Countryside and Rights of Way Act 2000 came into force.
Further useful information is contained within CA210 - Managing Public Access - A Guide for Land Managers
National Trust
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
Copyright Action have a piece here questioning the legal basis for the National Trust stance.
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National Rail offer this guidance
Legalities apart, trainspotters are warned to apply common sense. 
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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 . We've found their general information in P-01 and photography information in P-16 to be particularly helpful.
