The right to take pictures in public has once again hit the headlines with reports that a lifelong bus spotter has quit after wrongly been labelled a ‘terrorist and paedophile’.

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National newspapers report that Rob McCaffrey has been forced to ‘hang up his camera’ after more than 40 years because he is fed up with arousing suspicion among members of the public.

The 50-year-old says he has been stopped by police officers while taking pictures of buses in Wales in the past year.

In one incident a bus driver apparently objected to having his photo taken. In another, a Police Community Support Officer is said to have run his name and address through police computers after a member of the public complained he had been acting strangely, according to publications including The Daily Mail, The Sun and the The Daily Telegraph.

McCaffrey, from Gloucester, told : ‘Since the 9/11 attacks there has been a crackdown on security and it seems everyone with a camera is a potential criminal. It’s very upsetting.’

In a press statement, Gloucestershire Police told newspapers: ‘If a member of the public becomes suspicious of an individual taking photos in public and makes a complaint to a police officer, the officer will first discuss the matter with the photographer.

‘Normally, the individual is more than happy to disperse any suspicion by showing an officer their photos and one of the benefits of digital cameras is that this can be done on the spot.

‘However, if the officer remains suspicious as to the content of the images or the photographer’s intentions, they have the authority, under the Police and Criminal Evidence Act, to seize the camera and arrest the individual.’

No one from the force was available for comment at the time of writing.

Officers can stop and search anyone under the Terrorism Act 2000 whether or not they suspect them to be carrying articles that could be used in connection with terrorism.

However, once an image has been recorded, police officers ‘have no power to delete or confiscate it without a court order’, according to the Association of Chief Police Officers spokeswoman Alexandra Coleman.

She told (AP) magazine that officers’ powers are ‘strictly regulated by law’ and that this rule applies regardless of whether the officer suspects criminal or terrorist intent.

The news comes as AP continues to be approached by journalists researching articles on the subject, one of which is published HERE.

For more about police powers, keep an eye out for AP, which is in shops every Tuesday.
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Source: www.amateurphotographer.co.uk

read more from " Amateur photographers' rights back in the news (update) "

Police officers are not sufficiently trained in how to correctly apply anti-terror legislation when dealing with photographers, the chairman of the Metropolitan Police Federation has admitted.

‘It’s quite clear that the Terrorism Act 2000 doesn’t make police powers clear, like a lot of legislation passed by Parliament,’ said Peter Smyth.

Speaking on BBC Radio 4′s programme, broadcast on 26 April, he added: ‘There is insufficient training. Our officers are not properly trained in this legislation and that is probably leading to misunderstandings shall we say.’

Asked whether this has led some officers to be ‘overzealous’ when applying the law, Smyth replied: ‘Quite clearly community support officers and police officers are getting mixed messages and I believe it is a matter of education and proper training. And Parliament should think twice about implementing laws without putting in the training packages to go with them.’

Smyth continued: ‘I can find no evidence of any training on this part of the legislation. Most of the occurrences I’ve come across were community support officers. They obviously receive less training than police officers and they don’t have the same stop and search powers under normal laws. But they do have some under the Terrorism Act.’

Asked what innocent photographers should say to the officer if they are stopped Smyth said: ‘They should try and remain polite and calm. Simply explain that they are going about their normal, daily, piece of their business В– it’s their hobby or their business.

‘If the officer has serious concerns that the photographsВ… are of some sort of terrorist nature then I think he [the officer] should be asked to explain what sort of terrorist nature he thinks they are about. And if in any doubt to call a supervisor.

Commenting on whether the current climate of ‘anxiety’ could account for the growing number of reported incidents involving photographers Smyth told the programme: ‘Certainly in London we have always had tourists with cameras taking pictures and it has never been a problem. I think it’s unreasonable of any government to expect that people are not going to go out in the street and take photographs.’

The Metropolitan Police Federation is a staff association, representing more than 30,000 officers including chief inspectors.

Contributors to the radio show included Austin Mitchell MP, whose House of Commons petition on the subject has been signed by 168 MPs.

To listen to the podcast visit

http://downloads.bbc.co.uk/podcasts/radio4/ipm/ipm_20080426-1932.mp3

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Source: www.amateurphotographer.co.uk

read more from " Terror Act: Police attack government over photography in public "

Advice concerning photographers’ rights if they are stopped under Section 44 of the Terrorism Act 2000 has been outlined by lawyers representing civil rights lobby group Liberty.
AP recently alerted Liberty to a growing number of reports of photographers being stopped while taking pictures in public places.
The group responded by telling us that it believes police overuse the Terrorism Act 2000 to stop and search members of the public (see News AP 29 March).
Liberty warns that anyone can be stopped and searched by an officer, whether or not the police have a reason for suspecting they are carrying articles that could be used in connection with terrorism.
Liberty adds that if photographers feel that police have abused their powers
then they may be able to make an official complaint and sue the police.

Liberty’s legal advice
В• If the officer searching explains that it is being done under Terrorism laws, he does not have to give a reason why he suspected you
В• Allow the officer to search you. Obstruction could lead to a fine and/or a prison sentence of up to six months
В• Ask for and keep a written record of the search. It may be useful evidence
В• If you are charged with an offence, but you believe that the search was not carried out properly, inform your solicitor. It might mean that any evidence the police have found cannot be used against you
В• To make a formal complaint, speak to your local police station or Citizens Advice Bureau

Source: www.amateurphotographer.co.uk

read more from " Rights group Liberty issues stop/search tips "