The Law

s58 Collection of information .

(1) A person commits an offence if-
 (a) he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or
 (b) he possesses a document or record containing information of that kind.
(2) In this section "record" includes a photographic or electronic record.
(3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
(4) A person guilty of an offence under this section shall be liable-
 (a) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or
 (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(5) A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).
(6) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
(7) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time)

s58a [changes effected by Counter-Terrorism Act 2008 s76]

(1) After section 58 of the Terrorism Act 2000 (collection of information) insert-
"58A
Eliciting, publishing or communicating information about members of armed forces etc
(1) A person commits an offence who-
 (a) elicits or attempts to elicit information about an individual who is or has been-
  (i) a member of Her Majesty's forces,
  (ii) a member of any of the intelligence services, or
  (iii) a constable,
 which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or  (b) publishes or communicates any such information.
(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3) A person guilty of an offence under this section is liable-
 (a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;
 (b) on summary conviction-
  (i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
  (ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(4) In this section "the intelligence services" means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.".

(2) In the application of section 58A in England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as a reference to 6 months.
(3) In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a) after "58," insert "58A,".
(4) After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in Schedule 8 to this Act.

Our comment

s58 and the clumsily-worded s58A created a level of confusion in the public, the photographing community, and some members of the Police. For a while it became widely believed that this section prohibited or severely restricted the taking of photographs of Police Officers, members of the Armed Forces etc.
An attempt at clarification was published by the Home Office on 18 August 2009. In response to an epetition on the Downing Street website, no. 10 repeated the Home Office's clarification and added further clarification that was generally seen as muddying the waters. It implied that it is only legitimate to photograph a police officer if you are a press photographer or a tourist.

At the time, John Tracy, chief executive of the Bureau of Freelance Photographers (BFP) [quoted in Amateur Photographer magazine] said, '... The fact is, it is perfectly legal to photograph a police officer - or anyone else for that matter - in a public place. It is not just press photographers or tourists who have a 'reasonable excuse' for taking such pictures. By definition, you do not have to have a 'reasonable excuse' to carry out a legal activity.'