POLICE BODY WORN CAMERA:
DISCLOSURE AND
IDENTIFICATION ISSUES
DISCLOSURE ISSUES
REASONABLE LINES OF
ENQUIRY
• In conducting an investigation, the
investigator should pursue all reasonable
lines of inquiry, whether these point towards
or away from the suspect- Code of Practice
CPIA paragraph 3.5
• Reasonable enquiries might involve a trawl
for bodyworn camera evidence (akin to CCTV
trawl or ANPR trawl etc)
RETENTION
• It is important that bodyworn camera
evidence is preserved for a reasonable period
of time on the basis that it might become
relevant material in any criminal investigation
• Criminal investigation in respect of which the
officer with bodyworn camera is in attendance
or another investigation
ABUSE OF PROCESS
• The criminal proceedings might be stayed for
abuse of process if relevant bodyworn
camera evidence is destroyed
• The burden of proof is on the defence to
prove that a fair trial is not possible
• In any event, opportunities to bolster the
prosecution case will be lost
RELEVANT MATERIAL
• Once bodyworn camera footage is identified
as relevant to an investigation, it must be
retained by the investigator (Code of Practice
CPIA paragraph 5.1)
• Retention for the time periods in paragraphs
5.7- 5.10: NFA decision/ acquittal or 6 months
after conviction or on the defendant’s release
from custody (if later than 6 months after
conviction )
• All relevant footage must be scheduled on
MG6C
EVIDENTIAL FOOTAGE
• Page 16 National File Standard (part of
Director’s Guidance on Charging)
• Copies of the footage must accompany the
prosecution file and be served as Initial
Details of the Prosecution Case (IDPC) i.e.
first appearance
• Nothing is more likely to trigger an admission
and a guilty plea than the inclusion of this
• Any footage that establishes the offence
should be shown to the suspect in an
interview
IDENTIFICATION ISSUES
PITFALLS
• Where identification is in issue (or might be in
issue) in the criminal prosecution, extreme
care must be taken where it is intended to
show the footage to witnesses
NO KNOWN SUSPECT (1)
• The bodyworn camera footage is akin to
CCTV. There will be occasions where it is
appropriate to show the footage to persons
(usually police officers) for the purposes of
recognition
• This must be done in accordance with PACE
Code D 3.34- 3.37
NO KNOWN SUSPECT (2)
• D3.34- 3.37: persons must view the footage
individually; no collusion; no names should be
suggested; a contemporaneous record
should be made of the viewing on which the
court can gauge the reliability of the
recognition
• Wherever possible, avoid showing the
footage to eye witnesses: the weight to be
attached to any subsequent positive
identification at parade will be reduced
KNOWN SUSPECT
• The footage can be shown to persons who
are not non-eye witnesses for the purposes of
recognition even where there is a known
suspect (i.e. at stage where there is sufficient
evidence to arrest a suspect). Viewing
procedure must comply with D3.34- 3.37
• At known suspect stage, the footage must not
be shown to eye witnesses
ANY QUESTIONS