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Does A Police Officer
1) Have to give you his name when requested?
2) Have to inform you that his bodycam is on?
Any relevant laws/documentation appreciated,
Thanks...
2) Have to inform you that his bodycam is on?
Any relevant laws/documentation appreciated,
Thanks...
Answers
Answered in detail here by the Met after a Freedom of Information request https://www.
20:39 Mon 18th Apr 2022
1) no it seems not. They all seemed to called John when I asked - yes all 6 and they gave me a number to call ( I didnt )
I dont think you can walk up to one on the beat and demand....
so as ever it all depends on the circumstances
The secret policeman affair - where they gave leading lefties and marxists babies, I am certain they didnt say ' I am PC 49 mrs and I am gonna give you a whoppa....'
2) No - they may be asked to turn their cameras on before arriving at a situation and I am certain they dont go around saying - now watch it boyo
I dont think you can walk up to one on the beat and demand....
so as ever it all depends on the circumstances
The secret policeman affair - where they gave leading lefties and marxists babies, I am certain they didnt say ' I am PC 49 mrs and I am gonna give you a whoppa....'
2) No - they may be asked to turn their cameras on before arriving at a situation and I am certain they dont go around saying - now watch it boyo
https:/
You can read the Police and Criminal Evidence Act 1984.
In Part 1 Section 2 Powers to Stop and Search it says the Police Officer should give name and police station to which they are attached.
2. Provisions relating to search under section 1 and other powers.
(1)A constable who detains a person or vehicle in the exercise—
(a)of the power conferred by section 1 above; or
(b)of any other power—
(i)to search a person without first arresting him; or
(ii)to search a vehicle without making an arrest,need not conduct a search if it appears to him subsequently—
(i)that no search is required; or
(ii)that a search is impracticable.
(2)If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—
(a)of the power conferred by section 1 above; or
(b)of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2Aviation Security Act 1982—
(i)to search a person without first arresting him; or
(ii)to search a vehicle without making an arrest,it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
(i)if the constable is not in uniform, documentary evidence that he is a constable; and
(ii)whether he is in uniform or not, the matters specified in subsection (3) below;and the constable shall not commence the search until he has performed that duty.
(3)The matters referred to in subsection (2)(ii) above are—
(a)the constable’s name and the name of the police station to which he is attached;
(b)the object of the proposed search;
(c)the constable’s grounds for proposing to make it; and
(d)the effect of section 3(7) or (8) below, as may be appropriate.
The above is when you are detained by a police officer. I'll have a look for bodycam use.
You can read the Police and Criminal Evidence Act 1984.
In Part 1 Section 2 Powers to Stop and Search it says the Police Officer should give name and police station to which they are attached.
2. Provisions relating to search under section 1 and other powers.
(1)A constable who detains a person or vehicle in the exercise—
(a)of the power conferred by section 1 above; or
(b)of any other power—
(i)to search a person without first arresting him; or
(ii)to search a vehicle without making an arrest,need not conduct a search if it appears to him subsequently—
(i)that no search is required; or
(ii)that a search is impracticable.
(2)If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—
(a)of the power conferred by section 1 above; or
(b)of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2Aviation Security Act 1982—
(i)to search a person without first arresting him; or
(ii)to search a vehicle without making an arrest,it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
(i)if the constable is not in uniform, documentary evidence that he is a constable; and
(ii)whether he is in uniform or not, the matters specified in subsection (3) below;and the constable shall not commence the search until he has performed that duty.
(3)The matters referred to in subsection (2)(ii) above are—
(a)the constable’s name and the name of the police station to which he is attached;
(b)the object of the proposed search;
(c)the constable’s grounds for proposing to make it; and
(d)the effect of section 3(7) or (8) below, as may be appropriate.
The above is when you are detained by a police officer. I'll have a look for bodycam use.
Bodyworn Video. Various policies are available on Google, I think this is from Humberside. I could copy this one some couldn't be copied.
Stop and Search/Stop and Talk
58. The conduct of any stop and search or stop and talk account process must comply with the relevant legislation and codes of practice. These must be carried out with due regard to the sensitivities of the person being stopped and any local community tensions surrounding the use of such powers by police.
59. Recording of searches using video must not be carried out if the search is an ‘intimate search’ or ‘strip search’ and if the search requires removal of more than outer clothing.
60. A video recording does not replace the need for a written ‘record of the search’ to be completed by the officer and given to the person stopped or searched at the
time or within the specified time period.
61. BWV users are reminded that although officers conducting stop checks must ask for personal details, persons stopped are not obliged to give their name, address and date of birth to the officer conducting the stop. In such cases officers must record a description of the person searched as part of the search record.
62. Recording a ‘stop and search’ or ‘stop and account’ encounter with BWV will record the conduct of the officer safeguarding both parties from false allegations,
enable the officer to secure best evidence of an offence and accurately record any disclosures made.
63. In the event that the subject of an encounter requests that the BWV be switched off, the user should ensure that the subject is aware of the above points. They should also advise the subject that non-evidential footage is only retained in accordance with ICO guidelines and the Data Protection Act. Further to this the footage is restricted and cannot be disclosed to 3rd parties without their permission unless prescribed by law and that recorded data can be accessed on request in writing in accordance with Section 7 of the Data Protection Act 1998 and/or Section 8 of the Freedom of Information Act.
64. If a Stop/Search encounter does not result in any evidence of criminal conduct, users must adhere to the process for ensuring that non-evidential material is
destroyed in line with Data Protection requirements.
Stop and Search/Stop and Talk
58. The conduct of any stop and search or stop and talk account process must comply with the relevant legislation and codes of practice. These must be carried out with due regard to the sensitivities of the person being stopped and any local community tensions surrounding the use of such powers by police.
59. Recording of searches using video must not be carried out if the search is an ‘intimate search’ or ‘strip search’ and if the search requires removal of more than outer clothing.
60. A video recording does not replace the need for a written ‘record of the search’ to be completed by the officer and given to the person stopped or searched at the
time or within the specified time period.
61. BWV users are reminded that although officers conducting stop checks must ask for personal details, persons stopped are not obliged to give their name, address and date of birth to the officer conducting the stop. In such cases officers must record a description of the person searched as part of the search record.
62. Recording a ‘stop and search’ or ‘stop and account’ encounter with BWV will record the conduct of the officer safeguarding both parties from false allegations,
enable the officer to secure best evidence of an offence and accurately record any disclosures made.
63. In the event that the subject of an encounter requests that the BWV be switched off, the user should ensure that the subject is aware of the above points. They should also advise the subject that non-evidential footage is only retained in accordance with ICO guidelines and the Data Protection Act. Further to this the footage is restricted and cannot be disclosed to 3rd parties without their permission unless prescribed by law and that recorded data can be accessed on request in writing in accordance with Section 7 of the Data Protection Act 1998 and/or Section 8 of the Freedom of Information Act.
64. If a Stop/Search encounter does not result in any evidence of criminal conduct, users must adhere to the process for ensuring that non-evidential material is
destroyed in line with Data Protection requirements.
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