Road Side Photo of Driver after alleged offence

The request was successful.

Dear Metropolitan Police Service (MPS),

This request for information can be found at the Traffic Command HQ or equivalent.

Please supply all and any Standard Operating Procedure, local policy, national policy, any booklet or internal notice, detailing the following.

1 - Under what section of which, legislation, national or local policy, or Standard Operating procedure, do traffic officers or any other officer in uniform, have the authority to take pictures of alleged motoring offenders at the road side and in situ.

2-Please supply any and all data located in any format, detailing the authority of any police officer to require the alleged offender to consent to his or her picture being taken, at the roadside and in situ.

3-Please supply any and all data located in any format, detailing the consequences of the alleged motoring offender refusing to have a photo picture taken at the road side and in situ.

4- Please supply any and all data located in any format, advising officers the need to take a picture, the authority to take a picture, and any advise given by the traffic command to officers about the rights of the alleged motoring offender to refuse the picture being taken, and the consequences of such request being refused by the motorist/offender.

5 - Please supply any and all data in any format, what the police service do with the pictures, during, and after the process of the alleged traffic offence.

Some questions will run into each other, but they are for the purpose of clarity.

Yours faithfully,

tracy sears

Metropolitan Police Service (MPS)

Dear Ms. Sears

Freedom of Information Request Reference No: 2014120001030

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/12/2014.  I note you seek
access to the following information:

"This request for information can be found at the Traffic Command HQ or
equivalent.

Please supply all and any Standard Operating Procedure, local policy,
national policy, any booklet or internal notice, detailing the following.

1 - Under what section of which,  legislation, national or local policy,
or Standard Operating procedure, do traffic officers or any other officer
in uniform, have the authority to take pictures of alleged motoring
offenders at the road side and in situ.

2-Please supply any and all data located in any format, detailing the
authority of any police officer to require the alleged offender to consent
to his or her picture being taken, at the roadside and in situ.

3-Please supply any and all data located in any format, detailing the
consequences of the alleged motoring offender refusing to have a photo
picture taken at the road side and in situ.

4- Please supply any and all data located in any format, advising officers
the need to take a picture, the authority to take a picture, and any
advise given by the traffic command to officers about the rights of the
alleged motoring offender to refuse the picture being taken, and the
consequences of such request being refused by the motorist/offender.

5 - Please supply any and all data in any format, what the police service
do with the pictures, during, and after the process of the alleged traffic
offence.

Some questions will run into each other, but  they are for the purpose of
clarity."

Your request will now be allocated to the relevant unit within the MPS and
will be processed in accordance with the Freedom of Information Act 2000
(the Act).  

You will receive your response directly from the relevant unit within the
statutory timescale of 20 working days as defined by the Act.  

In some circumstances the MPS may be unable to achieve this deadline.  If
this is likely you will be informed and given a revised time-scale at the
earliest opportunity.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above.  Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, phone or
write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 745

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

 
Dear Ms Sears
 
Freedom of Information Request Reference No:  2014120001030
 
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/12/2014.  I note you seek
access to the following information:
 
·       This request for information can be found at the Traffic Command
HQ or equivalent.
 
 
Please supply all and any Standard Operating Procedure, local policy,
national policy, any booklet or internal notice, detailing the following.
 
1 - Under what section of which,  legislation, national or local policy,
or Standard Operating procedure, do traffic officers or any other officer
in uniform, have the authority to take pictures of alleged motoring
offenders at the road side and in situ.
 
2-Please supply any and all data located in any format, detailing the
authority of any police officer to require the alleged offender to consent
to his or her picture being taken, at the roadside and in situ.
 
3-Please supply any and all data located in any format, detailing the
consequences of the alleged motoring offender refusing to have a photo
picture taken at the road side and in situ.
 
4- Please supply any and all data located in any format, advising officers
the need to take a picture, the authority to take a picture, and any
advise given by the traffic command to officers about the rights of the
alleged motoring offender to refuse the picture being taken, and the
consequences of such request being refused by the motorist/offender.
 
5 - Please supply any and all data in any format, what the police service
do with the pictures, during, and after the process of the alleged traffic
offence.
 
 
 
Some questions will run into each other, but  they are for the purpose of
clarity.
 
 
 
EXTENT OF SEARCHES TO LOCATE INFORMATION
 
To locate the information relevant to your request searches were conducted
at The RTPC HQ
 
RESULT OF SEARCHES
 
The searches located information relevant to your request.
 
DECISION
 
I have today decided to disclose the located information to you in full.
 
Photographic Evidence Questions 1-4

Action ü
Action
Only use ICEFLO cameras, PDA cameras or other MPS approved cameras to
obtain photographic evidence in road traffic cases.
Where available use to identify offenders and obtain related evidence
in the following circumstances:

* In accordance with Section 64A PACE (as amended by Section 116 of
Serious Organised Crime and Police Act 2005) (See PACE Code D,
paragraph 5.12) i.e. where a fixed penalty notice is given by a
constable in uniform under Section 54 Road Traffic Offenders Act
1988.
* Where road traffic offences are reported for process in a Process
Report Book.
* At a collision scene where offences are readily identified at the
scene and persons are reported.
* To obtain evidence of vehicle defects.
Where a photograph of the driver is taken it must be with appropriate
consent. If the appropriate consent is withheld or it is not
practicable to obtain it, a photograph may still be taken. However,
the use of force must not be used to obtain a photograph of offenders
in any of the above circumstances.
Officers are reminded of the need to respect diversity issues.
If following questioning and a search of the DVLA/MIB database, an
officer is unable to verify the identity of the driver and a ???
photograph is refused, officers should consider arrest to confirm
identity.
There are circumstances in which it may not be proportionate or
necessary to take a photograph. For example, where the person ???
concerned objects and is able to provide satisfactory proof of
identity such as a passport or driving licence with photograph.
Photographs must be placed in an exhibit bag with the exhibit number
and officer's name clearly displayed.
The officer's evidence must include the fact that a photograph has
been taken including the relevant date, day, time and place and must
state whether the photograph was taken with or without consent. The
exhibit number of the photograph must be included within the evidence.

 
Q5.
Information from the Met Prosecutions Offcie: We do not have a separate
policy, but  after 12 months process cases are destroyed. that would be
from either the date of No Further     Action (NFA) decision or court
hearing.This is just an instruction issued by the General Registry but
that is changing to increase to possibly 3 years retention period.
 
Please find attached information pursuant to your request above.
 
COMPLAINT RIGHTS
 
Your attention is drawn to the attached sheet which details your right of
complaint.
 
Should you have any further enquiries concerning this matter, please write
or contact Sue Reuter on telephone number 781184 quoting the reference
number above.
 
Yours sincerely
 
 
 
 
Sue Reuter
Management Information Manager
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS
 
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
 
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
 
Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request. 
 
Complaint
 
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
 
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
 
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]
 
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
 
The Information Commissioner
 
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
 
For information on how to make application to the Information Commissioner
please visit their website at [1]www.ico.org.uk.  Alternatively, phone or
write to:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 745
 
Sue Reuter | Roads and Transport Policing Command | RTPC HQ | Traffic 
MIU Manager | RTPC FOIA Manager |RTPC Training SPOC
MetPhone 781184 | Telephone 020 7161 1184 | [mobile number] |
Email [email address]
Address 6^th Floor, Empress State Building, Lillie Road, Earls Court. SW6
1TR
 
 
 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

References

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Dear Metropolitan Police Service (MPS),

This is an extract from the original document.

Can you please publish the original document from which you have quoted.

Yours faithfully,

tracy sears

Dear Metropolitan Police Service (MPS),

I consider this matter closed.

Thank you very much for your assistance

Yours faithfully,

tracy sears

Metropolitan Police Service (MPS)

Out of the offcice Tuesday back in on Wednesday 4th.
Total Policing is the Met's commitment to be on the streets and in your communities to catch offenders, prevent crime and support victims. We are here for London, working with you to make our capital safer.

Consider our environment - please do not print this email unless absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to copyright and/or legal privilege and are intended solely for the use of the intended recipient. If you have received this email in error, please notify the sender and delete it from your system. To avoid incurring legal liabilities, you must not distribute or copy the information in this email without the permission of the sender. MPS communication systems are monitored to the extent permitted by law.

Consequently, any email and/or attachments may be read by monitoring staff. Only specified personnel are authorised to conclude any binding agreement on behalf of the MPS by email. The MPS accepts no responsibility for unauthorised agreements reached with other employees or agents. The security of this email and any attachments cannot be guaranteed. Email messages are routinely scanned but malicious software infection and corruption of content can still occur during transmission over the Internet. Any views or opinions expressed in this communication are solely those of the author and do not necessarily represent those of the Metropolitan Police Service (MPS).

Find us at:
Facebook: facebook/metpoliceuk
Twitter: @metpoliceuk