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Serious Organised Crime and Police Act 2005

Section 116: Photographing of suspects etc

253.This section amends section 64A of PACE. Subsection (2) enables a person to be photographed, with or without his consent, by a constable elsewhere than at a police station. The power is exercisable if one of the following conditions is met: the person has been arrested by a constable for an offence; been taken into custody by a constable after having been arrested for an offence by a person other than a constable; been made subject to a requirement to wait by a CSO; or issued with a fixed penalty notice by a constable, CSO or accredited person.

254.Subsection (3) amends section 64A to allow the police to pass a photograph to the court for the purposes of enforcing the orders of the court. This new power is in addition to that which allows the police to pass a photograph to the court for the purposes of prosecution.

255.Subsection (5) amends the definition of photograph in section 64A of PACE to include a moving image.

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