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sxi boy
Hi,

sorry if this is not relevant on this forum but i cant find anything else on the internet about this.

I got a NIP for no seatbelt this morning. He had me on his camera etc...

The only thing I'm miffed about is that he took a picture of me on his digital camera.
I asked why and he said because the hdd on his car equiptment gets wiped after 28 days.
He said if I refuse to have the picture taken He would take me to the station?...

Is this legal as I find it very embarassing... I didn't have my seat belt on yeah...but I didn't rob someone.

Isn't this covered in the data protection act?... How do i know he will delte my photo after if pay the fine etc...
V70
When ou say you got a NIP, do you not mean a NFPN?

The Police now have the right to take your photo covered by the provisions of PACE, if you refuse you are right, he would have taken you to ther Police Station as he would have had resonable grounds to doubt the details you had furnished him with.
He said he would hold it for 28 days as that is the time you have to comply with the fpn however he does not have to dispose of the photograph.
hortz
QUOTE (sxi boy @ Tue, 5 Sep 2006 - 10:01) *
Hi,

sorry if this is not relevant on this forum but i cant find anything else on the internet about this.

I got a NIP for no seatbelt this morning. He had me on his camera etc...

The only thing I'm miffed about is that he took a picture of me on his digital camera.
I asked why and he said because the hdd on his car equiptment gets wiped after 28 days.
He said if I refuse to have the picture taken He would take me to the station?...

Is this legal as I find it very embarassing... I didn't have my seat belt on yeah...but I didn't rob someone.

Isn't this covered in the data protection act?... How do i know he will delte my photo after if pay the fine etc...


Can you give us a bit more info about the alleged offence? Do I take it "he" is a copper? Did he stop you at the scene of the alleged offence? Does the photo actually show you driving at the time? I could be wrong but seem to remember something about digital photographs not being admissible as evidence in court, maybe someone can confirm?
Fedup
QUOTE (V70 @ Tue, 5 Sep 2006 - 11:30) *
When ou say you got a NIP, do you not mean a NFPN?

The Police now have the right to take your photo covered by the provisions of PACE, if you refuse you are right, he would have taken you to ther Police Station as he would have had resonable grounds to doubt the details you had furnished him with.
He said he would hold it for 28 days as that is the time you have to comply with the fpn however he does not have to dispose of the photograph.


This is not necessarily true. For Section 25 of PACE to come into effect, a summary offence must be committed (in this instance the seatbelt offence). In addition to this, the officer must have reasonable grounds to disbelieve the details given by the OP. If he was able to show some form of ID, or the car was registered in his name, the officer would have no grounds for invoking s25. The other option would have been if his address was unsuitable for the service of a summons, e.g. the Hilton Hotel or any address outside of the UK.

HAs PACE been updated for this in the last couple of years?
V70
Hi fed up, you are around 9 months out of date with your qoutes.
S.25 give up the ghost on the1st of January 2006 with the intoduction of soca.

So what I say is true, and also PACE has been amend to allow a photo to be taken of any offender, where at a police station or at the roadside.
Fedup
Hi V70

You are obviously more up to date than I am, I've been out of circulation for a while.

Thanks for the update.

cheers
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