Author: A/Chief Inspector Alan Thompson, Policy and Performance, Operation Emerald. MPS
This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.
Overt filming does not fall under the Regulation Investigative
Powers Act 2000 provisions, rather it is governed by an MPS Policy and
set of Standard Operating Procedures. This policy was published in July
2005 and is currently under review by the Territorial Policing Policy
Unit.
Overt filming is a tactic used to combat crime and gather
intelligence and evidence relating to street crime, anti-social
behaviour and public order. Cameras should be deployed overtly with the
staff operating them clearly identifiable as police officers or police
staff. The intention of overt filming is to provide reassurance and to
reduce the fear of crime as well as to assist in its prevention and
detection.
Although the normal authorisation level for overt filming on a
Borough is that of Superintendent, an urgent authority can be granted
by an officer in the rank of Inspector or above for a maximum period of
72 hours. If officers come across an incident, they may commence
filming immediately but must contact an Inspector or above as soon as
is practicable for retrospective authorisation to be granted.
Non-Borough based, pre-planned operations involving overt filming will
require the authorisation of the Gold or Silver for that operation.
Whether the operation is pre planned or not the intention is always
to emphasise the overt nature of this filming. This will ensure that
the public are aware and in many cases it will be obvious that their
image has been captured. In the case of spontaneous filming, or a
moving scenario it would not be practical for the officers to engage
with every individual captured on film. However if approached by a
member of the public they must inform them of the reason for filming
and their rights detailed below. In the case of pre planned operations
leaflets are distributed which cover these points. Where body worn
video is used in a specific incident, those officers will also have
leaflets to give to the individuals filmed.
Each Borough should have a system in place, ideally within the
Borough Intelligence Unit, to keep control of the stored tapes. All
details should be recorded to ensure that images can be retrieved,
monitored, audited, and reviewed for the weeding process. All images
should be reviewed 2 months after the date of capture. If the image
does not relate to a pending or likely prosecution, a notice of
compliance or likely civil action, or does not form useful
intelligence, the images should be destroyed. However if more than one
image is stored and one of those images is kept, that tape cannot be
destroyed until all images can be weeded. Where the identity of the
person whose image has been captured is known they can ask for the
image to be destroyed. Provided the criteria are fulfilled for that
destruction to occur, they must be given the opportunity to witness the
image’s destruction or be given a certificate confirming the
destruction within 5 days of the request being made.
Safer Neighbourhood Teams in particular use overt filming as part of
their day-to-day problem solving processes for their Wards. The
establishment of Local Ward Panels has provided an ideal opportunity to
involve members of the local community in the consultation process
around tactics to resolve their concerns. Overt filming may be used as
part of the longer-term response to those issues by intelligence
gathering or as part of a deterrent. The resource tasking process in
each Borough ensures that the local authorising officer is satisfied
that each of these deployments will be proportionate and does not
contravene human rights legislation. It is primarily a preventative and
intelligence tool, although has featured in prosecutions, particularly
public order situations.
In July 2008 the MPS will commence a trial on two boroughs on the
use of Body Worn Video (BWV) cameras. To assess the value of use of BWV
to the MPS. Funding was made available through the National Police
Improvement Agency (NPIA) to which the MPS successfully bid for funds
to assist the pilot project. During the trial period between 200 and
300 officers on each borough will have access to the overt cameras and
will use them to record incidents ranging from anti-social behaviour
and disorderly behaviour to violent crime. The intention of this trial
is to establish whether randomly recorded evidence supports the
prosecution of offenders, the investigation of complaints and a
reduction in the time spent by officers on paperwork and subsequent
court attendance. Authority for the use of these cameras will be
granted by the local OCU Commander, and day to day supervision of the
trial will be managed by a project team. Local consultation by each of
the Boroughs has already established public support for the trial,
which has an awareness raising and publicity element built into it to
maintain that public support.
Overt Filming has been the subject of a recent Judicial Review (22
May 2008) in a public order situation. The judge decided that no Human
Rights had been infringed by the MPS’ use of overt filming and that the
tactic of overt photography is truly valuable in public order policing
and policing per se.
The MPS are held open to legal and public scrutiny on this matter and are held accountable for our actions.
See also http://www.mpa.gov.uk/committees/mpa/2008/080529-agm/minutes.htm
