Rand Hobart's Random Homilies

Photographers ‘guilty’ until proved innocent – Photographers hit by new law

On 16 February 2009, the right to take photographs in a public place was further restricted when the Counter Terrorism Act 2008 came into effect, writes lawyer Rupert Grey (pictured).

What the new law says;
Section 76 of the newly introduced Terrorism Act 2008 states: ‘A person commits an offence who elicits or attempts to elicit information about an individual who is or has been: a member of Her Majesty’s forces, a member of any of the intelligence services, or a constable, which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or publishes or communicates any such information.’ The law adds that a person found guilty of such an offence faces up to ten years in prison or a fine, or both.

The Home Office’s claim that it will not change anything is nonsense (see News, AP 21 February).

Under the existing law (Section 43, Terrorist Act 2000) the police can stop and search a person ‘whom he reasonably suspects’ to be a terrorist; he can also confiscate anything which he reasonably suspects may be evidence of terrorism.

There is an additional power (Section 44 of the 2000 Act) for a police constable to stop and search an individual – and confiscate an article – whether or not there are grounds to suspect a connection with terrorism, provided prior authority has been obtained. The authorisation must be confined to a geographical area and length of time.

The new offence created by the 2008 Act affects photographers in particular: it is now an offence to obtain or attempt to obtain ‘information’ about a police constable that is ‘likely to be useful’ to a terrorist. Photographs in which police constables can be identified are information. The Act is silent on whether Police Community Support Officers are included. Continue reading this item…