Commentary on Sections Identification Section 92 Photographing of suspects etc.: England and Wales
217.Section 92 inserts a new section 64A after section 64 of PACE.
218.Subsection (1) of the new section 64A provides a power to photograph a person who is detained at a police station with the appropriate consent or, where consent is withheld, without it.
219.Subsection (2) provides that a person may, in order to take a photograph of a person, require the removal of any item or substance, such as face paint, worn on or over the whole or any part of that person’s face or head and if the person does not comply with this requirement, they may remove the item or substance themselves.
220.Subsection (3) limits who can take a photograph to constables and persons who are not constables but are designated for the purpose by the relevant chief officer of police. Subsection (3) also applies section 117 of PACE (power to use reasonable force) to persons other than constables in the exercise of the powers conferred under section 64A.
221.Subsection (4) provides that photographs can be used by or disclosed to any person for the purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution and that they can be subsequently retained, but then only used for a related purpose.
222.Subsection (5) sets out the definition of references to crime, investigation and prosecution.
223.Subsection (6) defines references to taking a photograph to include references to using any process to produce a visual image.