Article 36 Photographing of suspects. etc

Article 64A of PACE (photographing of suspects, etc.) is amended as follows.

After paragraph (1) insert—

“(1A)

A person falling within paragraph (1B) may, on the occasion of the relevant event referred to in paragraph (1B), be photographed elsewhere than at a police station—

(a)

with the appropriate consent; or

(b)

if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(1B)

A person falls within this paragraph if he has been—

(a)

arrested by a constable for an offence;

(b)

taken into custody by a constable after being arrested for an offence by a person other than a constable;

(c)

given a fixed penalty notice by a constable in uniform under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996.”.

In paragraph (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.

In paragraph (5), after sub-paragraph (b) insert

“; and

(c)

“sentence” includes any order made by a court in Northern Ireland when dealing with an offender in respect of his offence.”.

After paragraph (6) insert—

“(6A)

In this Article, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”.