Disclosure to the Media and / or Partner Agencies of Northumbria Police Images (including Convicted Offenders; Those Subject to Certain Court Orders; Stills from Police Video CCTV Footage)
Dated: 02 Oct 2013
NOT PROTECTIVELY MARKED
POLICY TITLE: Disclosure to the Media and / or Partner Agencies of Northumbria Police Images (including Convicted Offenders; Those Subject to Certain Court Orders; Stills from Police Video CCTV Footage)
OWNING DIRECTORATE: Corporate and Strategic Services
AUTHOR: Corporate Communications Manager (Public Communications), Strategic Corporate Communications Department
CONTACT DETAILS: ext: 101 69841
EQUALITY IMPACT ASSESSMENT: Complete
AUTHORISED PROFESSIONAL PRACTICE (APP) NATIONAL GUIDANCE: Available
AIM OF POLICY: The principal aims of disclosing police-held images are to prevent and detect crime and disorder; to demonstrate police action against criminal behaviour; to support the principle of 'Open Justice' - that justice is done and seen to be done.
BENEFIT OF POLICY: Providing images to accompany articles in newspapers, on TV news programmes and on media websites invariably results in a higher level of coverage of convictions, thereby enabling the Force to fulfil the aims of the policy as above.
REASON FOR POLICY: To outline the Force's position in relation to demands from the media for visual images to accompany reports of convictions.
Northumbria Police will consider issuing images of:
Convicted offenders, if a sentence has been passed and the release is proportionate to public interest, taking into consideration the seriousness of the offence and the length of the sentence. The decision on whether or not to issue the image will be taken by an officer of chief inspector rank or above, but the presumption should always be in favour of releasing the image if a custodial sentence has been passed, unless there are other compelling reasons not to.
Those subject of an Anti Social Behaviour Order (ASBO), Order After Conviction (OAC), Sexual Offences Prevention Order (SOPO) or Risk of Sexual Harm Order (ROSHO). Images of juvenile offenders will only be considered for release if reporting restrictions have been lifted, allowing the media to identify them.
Northumbria Police will not release images to the media and/or partner agencies if:
Such release is likely to contravene relevant legislation so could leave the organisation open to litigation.
Such release could compromise ongoing investigations.
Such release could identify third parties whose anonymity has legal protection (e.g. rape victims, juveniles).
Such release could prejudice forthcoming proceedings.
CCTV Footage / Video Stills
The Northumbria Police guidelines relating to the release of Close Circuit Television (CCTV) footage, including the release of CCTV footage from other organisations by Northumbria Police, mirror those established by the Association of Chief Police Officers. This guidance is included in the document 'Publicity and the Criminal Justice System', a protocol agreed by chief police officers, chief crown prosecutors and the media.
Northumbria Police will release footage / stills from CCTV systems and police video when:
Appealing for witnesses.
Trying to identify suspects.
Highlighting criminal activity (e.g. post trial).
Illustrating police action against criminal behaviour.
Northumbria Police will not release footage / stills from CCTV systems and police video between arrests and trial.
On each occasion, the footage must be viewed by the officer in charge and the faces of any individual witnesses or people unconnected with the criminal activity obscured before release, unless the individuals have given written permission otherwise.
No material will be released for commercial gain or entertainment purposes.
Release of the footage / stills must be accompanied by the words 'Northumbria Police Copyright - No Reproduction Without Permission'. In the case of CCTV footage, the media must sign a licence agreement limiting its use.
Northumbria Police acknowledges that disclosure of police-held images could impinge on the human rights of the individual for private and family life afforded by Article 8 of the Human Rights Act 1998.
This does not prevent images being disclosed in accordance with law, and, if necessary, in the interests of public safety, for the prevention and detection of crime and disorder, or to protect others' rights and freedoms.
However, such disclosure must be proportionate to the harm that might otherwise occur, and to the minimum extent necessary to achieve the stated aim.
It is also acknowledged that images of named people which are in police possession are classed as data under the Data Protection Act. However, Section 29 (1) (a) of the Act allows for the release of police-held personal data for the prevention and detection of crime.
SOURCE DOCUMENT: Not applicable
GROUPS AFFECTED: Investigating officers, Criminal Justice
ACCESS AND DISCLOSURE RESTRICTIONS: None