HC Deb 23 July 1976 vol 915 cc638-40W
Mr. Corbett

asked the Secretary of State for the Home Department (1) if he will obtain from the Commissioner of Metropolitan Police statistics on the number of photographs of arrested persons taken in the last 12 months by the Metropolitan Police in police stations in the London area; how many of those photographed were subsequently (a) released without charge, (b) charged and not convicted and (c) charged and convicted;

(2) whether he will request the Commissioner of the Metropolitan Police to ensure that in the compilation of dossiers on football hooligans, photographs in such dossiers shall be only of those convicted of such offences;

(3) where, and under what conditions, photographs taken by the Metropolitan Police of arrested persons are kept; and for how long they are are retained;

(4) whether he will request the Commissioner of Metropolitan Police to ensure that photographs of arrested persons taken by Metropolitan Police at police stations in the London area are destroyed if the person concerned is not charged, or, if charged, is not convicted;

(5) under what legal authority the Metropolitan Police take photographs of persons arrested at police stations in the London area, without their consent; and under what authority this is done in the case of an arrested juvenile without the consent of a parent or guardian;

(6) whether, in view of the Metropolitan Police practice of taking photographs of arrested persons, he will draw the attention of the Commissioner to the recommendations of the Devlin Committee on the use of photographs for identification by witnesses; and whether he will make a statement;

(7) by what authority the Metropolitan Police established facilities at police stations in the London area for the photographing of arrested persons.

Mr. Roy Jenkins

Apart from persons detained under the Prevention of Terrorism (Temporary Provisions) Acts the Metropolitan Police are now photographing persons in their custody when they are charged with an offence for which they would normally be fingerprinted. This procedure, which has been introduced with my agreement, brings the Metropolitan Police practice into line with that of most provincial forces.

I regret that information about the number of persons photographed to date under the new procedure is not available.

Photographic material relating to persons detained under the Prevention of Terrorism (Temporary Provisions) Acts is being retained.

In all other cases, if the person concerned is subsequently acquitted or the charges are dropped, the photographs taken are destroyed by a senior officer. In the event of a conviction, they are placed with other records relating to the person concerned; the period of their retention is a matter within the discretion of the police.

The Prevention of Terrorism (Temporary Provisions) Act gives statutory authority for the photographing of persons detained under the Act.

In all other cases the taking of photographs of persons in police custody is not regulated by statute, but I am advised that the police commit no actionable wrong, providing that no force is used.

The equipment introduced by the Metropolitan Police consists of a camera and spotlights fixed at one end of a table, to the other end of which a chair is attached. It cannot be used without the person's knowledge and his co-operation in taking up position.

The Metropolitan Police normally obtain the consent of the parent or guardian before photographing a juvenile, but in exceptional cases where this is not practicable, the authority of an officer of rank not less than chief inspector is required.

I shall not be in a position to decide what action should be taken on the relevant recommendations of the Devlin Committee until my consultations on the report as a whole have been completed. The Commissioner is among those being consulted.

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