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27 June 2012
Issue: 7520 / Categories: Legal News
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Police must destroy photos

Photos of people without criminal records must be disposed of

The police cannot keep photographs of people without criminal records or who are not found guilty, the High Court held last week.

Lord Justice Richards and Mr Justice Kenneth Parker held that it was an unjustifiable breach of a person’s right to a private life to do otherwise, in R (on the application of RMC & FJ) v Commissioner for Police for the Metropolis & Ors [2012] EWHC 1681 (Admin). They dismissed the Metropolitan Police’s argument that keeping photographs of those not convicted was necessary for preventing crime and disorder, and ordered it to revise its guidelines within months.

This may mean the police will need to destroy photographs taken of anyone who has not committed a crime.

RMC was a middle-aged woman of good character who was arrested on suspicion of assaulting a community police officer who stopped her riding her bicycle on a footway. No prosecution was brought.

FJ was arrested at the age of 12 on suspicion of raping his second cousin. Following enquiries, no further action was taken.

Both claimants argued that, once the decision was taken not to proceed, the retention of their photographs was a breach of their Art 8 rights. 

The courts have previously ruled that the police cannot retain DNA or fingerprint data indiscriminately or indefinitely.

John Wadham, general counsel at the Equality and Human Rights Commission, which intervened in the case, says: “Without the protection of our human right to a private life, the police would be able to hold onto your DNA, fingerprints, and photographs even if you’d done nothing wrong.”

Issue: 7520 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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