# Serious Organised Crime and Police Act 2005, Section 116: Photographing of suspects etc.


(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows.
(2) After subsection (1) insert—
“(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—
(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 subsection 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) 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”);
(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;
(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
(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.”
(3) In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.
(4) In subsection (5), after paragraph (b) insert
“; and
(c) “sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.”
(5) After subsection (6) insert—
“(6A) In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”

---
Source: https://www.legislation.gov.uk/ukpga/2005/15/section/116 (the official version)
Page: https://openlegislation.uk/serious-organised-crime-and-police-act-2005/section-116
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.