Police info if stopped | LincolnshirearmHeri

Photography advice

We are not auditors or also known in the USA where it started as First Amendment audits are a largely American and UK social movement that usually involves photographing or filming from a public space. It is often categorized by its practitioners, known as auditors, as activism and citizen journalism that tests constitutional rights, in particular the right to photograph and video record in a public space (a right normally covered by the first amendment). Auditors believe that the movement promotes transparency and open government. Critics argue that audits are often confrontational in nature, as auditors often refuse to self-identify or explain their activities. Some auditors [ have also been known to enter public buildings asserting that they have a legal right to openly carry firearms (a right covered by the second amendment, not the first), leading to accusations that auditors are engaged in intimidation, terrorism, and/or are members of the sovereign citizen movement.

Dear whom it may concern

We would like to thank you for support our team and keeping the military site's safe from Terrorism we fully Acknowledge and understand that this site is and why you have stopped our team from carring out taking photo's and video around the site. We fully Acknowledge and understand that they is some site's that have Byelaws around what you can do at that site them site been

Royal Air Force Menwith Hill that site been a high risk to the public and fully understand that they is byelaws and under Section 128 of the Serious Organised Crime and Police Act 2005. The effect of the act was to make it a specific criminal offence for a person to trespass into the station.

Royal Air Force Fylingdales - this site also has Serious Organised Crime and Police Act 2005 and more powers on that site as well whcih can be found here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/39689/raf_fylingdales1987.pdf

We must inform you that

Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance.

We fully understand Military Lands Act 1892 part 4 Power of Secretary of State to make byelaws as to use of land held for military purposes and securing safety of public.

This can be found here

https://www.legislation.gov.uk/ukpga/Vict/55-56/43

we fully understand - the Official Secrets Act 1911 criminalises espionage by prohibiting certain conduct that is carried out with a purpose prejudicial to the safety of interests of the UK, including obtaining or disclosing information which would be 'useful to an enemy'

This can be found here

https://www.gov.uk/government/publications/national-security-bill-factsheets/espionage-etc-national-security-bill-factsheet

We must also inform you - The Official Secrets Act 1911 still provides the principal legal protection in the United Kingdom against espionage, despite the fact it was enacted in the run up to the First World War. Since its implementation over 100 years ago this legislation has been subject to very little independent scrutiny.

We must inform you that we fully understand that public need to be vigilant against terrorism around some site's in the UK and across the world We must inform you letters arround this was sent to all police officers and information was posted on police website's which can be found here

https://www.met.police.uk/advice/advice-and-information/ph/photography-advice/

https://foi.west-midlands.police.uk/public-photography-policy-907a-20/

https://www.avonandsomerset.police.uk/report/taking-photographs-in-public-places/

https://www.westyorkshire.police.uk/ask-the-police/question/Q717

https://www.college.police.uk/app/investigation/forensics

Police officers are now fully aware that taking photo's or video's in a public area is not a crime .

In law a public space is a place that is open and accessible to the general public. Roads, public squares, parks, and beaches are typically considered public space.

All land in the UK belongs to someone. If you go on to land without the owner's permission, you are trespassing unless there is some right of access for the public, or for you specifically (for example, if you have acquired a right to pass over the land to reach some land of your own).

What can police do about trespassing UK?

Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action.

Trespassing is not classed as a criminal offence. In most cases, this is not a matter for the police. We'd recommend the first thing to do would be to talk to the people occupying your land and ask them to leave, if you feel safe to do that.

The following law stands in the UK at the moment

Freedom to photograph and film

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.

Terrorism Act 2000

Photography and Section 44 of the Terrorism Act 2000

The power to stop and search someone under Section 44 of the Terrorism Act 2000 no longer exists.

Police officers continue to have the power to stop and search anyone who they reasonably suspect to be a terrorist under Section 43 of the Terrorism Act.

Photography and Section 43 of the Terrorism Act 2000

Officers have the power to stop and search a person who they reasonably suspect to be a terrorist. The purpose of the stop and search is to discover whether that person has in their possession anything which may constitute evidence that they are a terrorist.

Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S43 of the Terrorism Act 2000 to discover whether the images constitute evidence that the person is involved in terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects may constitute evidence that the person is a terrorist. This includes any mobile telephone or camera containing such evidence.

Officers do not have the power to delete digital images or destroy film at any point during a search. Deletion or destruction may only take place following seizure if there is a lawful power (such as a court order) that permits such deletion or destruction.

Section 58A of the Terrorism Act 2000

Section 58A of the Terrorism Act 2000 covers the offence of eliciting, publishing or communicating information about members of the armed forces, intelligence services or police where the information is, by its very nature, designed to provide practical assistance to a person committing or preparing an act of terrorism.

Any officer making an arrest for an offence under Section 58A must be able to demonstrate a reasonable suspicion that the information was, by its very nature, designed to provide practical assistance to a person committing or preparing an act of terrorism.

It would ordinarily be unlawful to use section 58A to arrest people photographing police officers in the course of normal policing activities, including protests because there would not normally be grounds for suspecting that the photographs were being taken to provide assistance to a terrorist. An arrest would only be lawful if an arresting officer had a reasonable suspicion that the photographs were being taken in order to provide practical assistance to a person committing or preparing an act of terrorism.

There is nothing preventing officers asking questions of an individual who appears to be taking photographs of someone who is or has been a member of Her Majesty’s Forces (HMF), Intelligence Services or a constable so long as this is being done for a lawful purpose and is not being done in a way that prevents, dissuades or inhibits the individual from doing something which is not unlawful.

Guidelines for police staff on dealing with media reporters, press photographers and television crews

Contact with photographers, reporters and television crews is a regular occurrence for many officers and staff. The media influences our reputation so it's crucial to maintain good working relations with its members, even in difficult circumstances.

Following these guidelines means both media and police can fulfill their duties without hindering each other.

Creating vantage points

When areas are cordoned off following an incident, creating a vantage point, if possible, where members of the media at the scene can see police activity, can help them do their job without interfering with a police operation. However, media may still report from areas accessible to the general public.

Identifying the media

Genuine members of the media carry identification, for instance the UK Press Card, which they will present on request. We must inform you that you do not need government approval to work as a journalist, although it may be beneficial to obtain a “Press ID” or an official government-issued press credential for other reasons. Press credentials related to news coverage are usually issued by law enforcement agencies.

Our staff do not work for a company so will not carry a Press Card

The press and the public

If someone distressed or bereaved asks the police to stop the media recording them, the request can be passed on to the media, but not enforced.

Access to incident scenes

The Senior Investigating Officer is in charge of granting members of the media access to incident scenes. In the early stages of investigation, evidence gathering and forensic retrieval take priority over media access, but, where appropriate, access should be allowed as soon as is practicable.

We fully know that Police will nomally stop people taking photo's under Pace

Section 1 of PACE provides the police with a power to stop and search a person or vehicle where they have reasonable grounds to suspect that they will find prohibited items, including offensive weapons such as knives, stolen articles, equipment related to the commission of certain offences and fireworks

We must inform you

Persons searched are not obliged to provide their name, address or date of birth. Officers must not use body worn video for the sole purpose of identifying the subject. Officers must refer to the Body Worn Video policy for further guidance. Human Rights Act 1998 and PACE Code of Practice B.

Do you have to give the police your name UK?

You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

We do know that police also use Section 50

What are 'Section 50' powers? Section 50 of the Police Reform Act allows the police to ask for your name and address if they believe you are, or have been, engaging in anti-social behaviour. That is, behaviour that causes, or is likely to cause, “harassment, alarm or distress”.

Antisocial behaviour is defined as 'behaviour by a person which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person' (Antisocial Behaviour Act 2003 and Police Reform and Social Responsibility Act 2011).

But what does this mean? Find out more about how we classify antisocial behaviour and the many activities that it covers.

What is antisocial behaviour?

There are three main categories for antisocial behaviour, depending on how many people are affected:

Personal antisocial behaviour is when a person targets a specific individual or group.
Nuisance antisocial behaviour is when a person causes trouble, annoyance or suffering to a community.
Environmental antisocial behaviour is when a person’s actions affect the wider environment, such as public spaces or buildings.

Under these main headings antisocial behaviour falls into one of 13 different types:

Vehicle abandoned: This covers vehicles that appear to have been left by their owner, rather than stolen and abandoned. It includes scrap or ‘end of life’ vehicles and those damaged at the scene of a road traffic collision that have been abandoned and aren’t awaiting recovery.
Vehicle nuisance or inappropriate use: This relates to vehicles being used in acts such as street cruising (driving up and down the street causing annoyance and bothering other road users), vehicle convoys and riding or driving on land other than a road. It also covers the misuse of go-peds, motorised skateboards and electric-propelled cycles, and the unlicensed dealing of vehicles where a person has two or more vehicles on the same road within 500 metres of each other.
Rowdy or inconsiderate behaviour: This refers to general nuisance behaviour in a public place or a place to which the public have access, such as private clubs. It does not include domestic-related behaviour, harassment or public disorder which should be reported as crimes.
Rowdy or nuisance neighbours: This covers any rowdy behaviour or general nuisance caused by neighbours, including boundary and parking disputes. It also covers noise nuisance from parties or playing loud music.
Littering or drugs paraphernalia: This includes fly posting and discarding litter, rubbish or drugs paraphernalia in any public place.
Animal problems: This covers any situation where animals are creating a nuisance or people’s behaviour associated with the use of animals is deemed as antisocial. It includes uncontrolled animals, stray dogs, barking, fouling and intimidation by an animal.
Trespassing: This is any situation in which people have entered land, water or premises without lawful authority or permission. It ranges from taking an unauthorised shortcut through a garden to setting up unauthorised campsites.
Nuisance calls: This covers any type of communication by phone that causes anxiety and annoyance, including silent calls and intrusive ‘cold calling’ from businesses. It does not cover indecent, threatening or offensive behaviour which should be reported as crimes.
Street drinking: This relates to unlicensed drinking in public spaces, where the behaviour of the persons involved is deemed as antisocial. It also covers unplanned and spontaneous parties which encroach on the street.
Prostitution-related activity: This relates to any activity involving prostitution such as loitering, displaying cards or promoting prostitution. It may also refer to activities in and around a brothel that impact on local residents. It does not include ‘kerb-crawling’ which should be reported as a crime.
Nuisance noise: This relates to all incidents of noise nuisance that do not involve neighbours (see ‘Nuisance neighbours’ above).
Begging: This covers anyone begging or asking for charitable donations in a public place, or encouraging a child to do so, without a license. Unlicensed ticket sellers at or near public transport hubs may also fall into this category.
Misuse of fireworks: This will include the inappropriate use of fireworks, the unlawful sale or possession of fireworks and noise created by fireworks

Please note any stop we will requst that you give your name station and number also we will ask that you please record this on body warn camera and we will requst this at a later date from the police station so please do not remove it .

We will also ask that you please give us a search record we will not give our name or personal information but in law you still have to give me a copy we will give you a email if you do not have a paper one

We will inform you that legal action will be taken with a “no win no fee” solicitor as this is unlawful .

https://www.donoghue-solicitors.co.uk/

https://jamesmurraylaw.com/our-services/police-action/

https://hnksolicitors.com/civil-actions-against-the-police/civil-actions-against-merseyside-police/

https://satchellmoransolicitors.com/services/police-complaints/