Retention of mobile phone recordings

Freedom of information request reference no: 01.FOI.23.030504

I note you seek access to the following information:

My client was videoed by a member of the public allegedly using his mobile phone whilst driving.

I should like to know how long the footage of:
(a) A dashcam recording;
(b) A mobile phone;
has to be before it can be considered for prosecution evidence in a mobile phone offence.
Is there a time limit?
(c) Does the maker of the video have to show that the phone is his phone?
(d) What evidence of the phone working an officer needs to have before they forward it for prosecution evidence.
(e) what guidance there is on the use of mobile phone evidence generally.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

I should like to know how long the footage of:
(a) A dashcam recording;
(b) A mobile phone;
has to be before it can be considered for prosecution evidence in a mobile phone offence.
Is there a time limit?

It must clearly capture the evidence and show interaction and being held, generally the MPS ask for a minute before and a minute after so that we can get a clear picture of events, but there is no specific time limit by law and this applies to both dashcam and mobile phone footage.

(c) Does the maker of the video have to show that the phone is his phone?

This can usually be seen on the evidence that is submitted and a lot of footage is captured by dashcam as well as mobile phones and other devices.

(d) What evidence of the phone working an officer needs to have before they forward it for prosecution evidence.

The phone is being held in the hand and some interaction was taking place.

(e) what guidance there is on the use of mobile phone evidence generally.

Please see attached PNLD (Police National Legal Database) According to Section 41D of the Road Traffic Act 1988, any person using a 'hand-held mobile telephone or other hand-held interactive communication device' whilst driving, shall be guilty of an offence.