HC Deb 21 November 1983 vol 49 cc7-8W
Mr. Cohen

asked the Secretary of State for the Home Department (1) if he will make a statement on the photographing of suspects by the Metropolitan police;

(2) under what authority the Metropolitan police take photographs of persons arrested for public order offences; and whether this authority extends to photographing persons arrested for other offences;

(3) if he will call for a report from the Commissioner of Police of the Metropolis on occasions, other than the arrest of persons for public order offences, when photographs would normally or sometimes be taken of arrested persons;

(4) if he will call for reports from all chief constables on whether it is the normal practice in their police areas to take photographs of persons arrested for public order and other offences;

(5) if he will call for a report from the Commissioner of Police of the Metropolis on the eventual destination of all copies of photographs of persons arrested for public order offences when the suspect is not subsequently convicted of such an offence.

Mr. Hurd

I understand from the Commissioner of Police of the Metropolis that it is a normal practice in his force for photographs to be taken of people arrested for public order offences where there is a number of arrests arising from the same incident. The photographs are taken with the arresting officers also in the shot to avoid disputes about identity.

So far as other offences are concerned, photographs are also taken where an arrested person is charged with an offence for which convictions are recorded in national police records in accordance with Home Office circular No. 6/1983, a copy of which is in the Library.

All copies of photographs are destroyed if the person concerned is cleared of the offence or if it is decided that he should not be prosecuted for it or cautioned in respect of it.

Practice in provincial forces, in regard both to the photographing of arrested persons, and the destination of photographs, is similar to that in the metropolis.

There is no specific authority for the taking of photographs by the police, because the law places no restriction (provided that force is not used) on anyone photographing anyone else.

Section 7 of the draft code of practice for the identification of persons by the police, which the Police and Criminal Evidence Bill requires the Home Secretary to issue, establishes detailed procedures governing the photographing of arrested persons, and the circumstances in which this may be done without consent.