{
  "url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005/section-116",
  "json_url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005/section-116.json",
  "legislation": "ukpga/2005/15",
  "legislation_title": "Serious Organised Crime and Police Act 2005",
  "legislation_url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005",
  "path": "section/116",
  "kind": "section",
  "number": "116",
  "heading": "Photographing of suspects etc.",
  "text": "(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows.\n(2) After subsection (1) insert—\n“(1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—\n(a) with the appropriate consent; or\n(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.\n(1B) A person falls within this subsection if he has been—\n(a) arrested by a constable for an offence;\n(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;\n(c) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);\n(d) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;\n(e) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or\n(f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.”\n(3) In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.\n(4) In subsection (5), after paragraph (b) insert\n“; and\n(c) “sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.”\n(5) After subsection (6) insert—\n“(6A) In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 116(1)(3)-(5) in force at 1.8.2005 by S.I. 2005/2026, art. 2(c)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 116(2) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(o)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/15/section/116",
    "retrieved_at": "2026-11-06T03:35:19.224345+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}