Policy on releasing mugshots and body camera footage to the public

Freedom of information request reference no: 01.FOI.23.034143

I note you seek access to the following information:

1.What is the Met's policy on releasing booking photographs (mugshots) to the public?

2.What is the Met's policy on releasing body camera footage to the public?

Decision

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

Please find below information pursuant to your request above.

Q1 - What is the Met's policy on releasing booking photographs (mugshots) to the public?

The MPS has adopted the College of Policing’s Media Relations Authorised Professional Practice (APP) as its media policy, with some supplementary and additional MPS specific guidance.

4.9 Information at the end of criminal proceedings

Where appropriate and where there is a legitimate policing purpose, forces can proactively release information about court outcomes as a way of improving public confidence in the criminal justice system.

Specifically in respect of images, the police, as the legal copyright owner, are responsible for releasing an offender’s custody photograph. The image may be released upon a guilty verdict unless there is a court order or legitimate policing purpose preventing their identification. Images may be released as soon as possible after the verdict to allow the media to publish them contemporaneously, i.e., in their next available edition or broadcast.
The image can be released again upon sentence if necessary.

Where images are shared with the media to identify any person shown in the images, forces must take care to obscure other persons shown in the recording whose identity is not sought.

All decisions to release images and the reasons for doing so should be recorded, along with any risk assessment. Records relating to the release of images as part of an investigation may be subject to disclosure under the Criminal Procedure and Investigations Act 1996.

Image of wanted person

A photograph of a wanted person can be released to help apprehend that person when it is considered necessary and proportionate to the needs of the investigation. This must be approved by an SIO or officer in command. Once the person is apprehended, the CCD should be made aware so they can remove the photograph from the force’s website as soon as possible and inform the media.

Image of missing person

A recent image should be obtained from family or other personal connections to the missing person. Where a missing person has previously been in custody, their custody photograph should only be used as a last resort and where the risk of harm to the individual is judged to outweigh the risk of using the image.

MPS Supplementary guidance

Releasing custody images post-conviction

The default position for the MPS is to release images of defendants who have been
convicted of criminal offences either on request or for a policing purpose, unless there is an exceptional reason not to do so.

In most cases the authority of a senior officer is no longer required however, each case must still be considered on a case-by-case basis.

Images relating to investigations by Specialist Operations or involving sexual offences, child sexual abuse or professional standards, do require authority and specific risk assessment from a senior officer.

The DMC will release custody images on the day a person has been convicted.

If it is not possible to release the image on conviction, it will be released on sentence. As a general rule, material and images will not be released if the story is no longer
contemporaneous. We generally consider the limit for such reporting to be within three months of the conclusion of a case.

Where a delay to the release of an image of a convicted defendant of more than three months has been necessary due to reporting restrictions on another related case, DMC should consult with a Superintendent or above before release and record any rational for or against release.

The investigating officer will be expected to provide the image. Where the officer does not have access to the image the DMC will obtain it from the Custody Imaging System and ask the officer to confirm it is the correct person.

The DMC will inform the investigating officer when the custody image will be released and give the officer the opportunity to object due to exceptional circumstances.

If there are exceptional reasons and the image is not released, the officer will be expected to provide these to the press officer who will log this.

The following is a list of exceptional reasons, it is not exhaustive:

- A risk assessment has been completed and has identified that releasing the image will put the person, or his/her family and friends at risk of harm.
- Reporting restrictions are in place which prevents the media from reporting the person’s identity.
- Releasing the image could interfere with other ongoing proceedings, because identity is an issue.
- The individual is a juvenile and reporting restrictions have not been lifted.
- The individual is a vulnerable adult due to mental health issues.

The following does not generally amount to an exceptional reason, not exhaustive:

- The individual was on bail during his/her trial and was photographed entering/exiting court.
- Releasing the image could breach the person’s human rights. If release is legitimate, necessary, and proportionate, it is not likely to breach HRA.
- The person has been convicted of a domestic homicide/incident.
- The victim, defendant or a family member does not want the image to be released.
- A custodial sentence is not expected/received. If convicted of a minor offence, the release could still be proportionate if, for example, it is committed against a vulnerable victim or there is national interest.
- The individual has/will be sentenced to a hospital order under the Mental Health Act (MHA).

In most cases where a hospital order is given an image will not be released, however this is not definitive. If in any doubt seek legal advice.

Q2 - What is the Met's policy on releasing body camera footage to the public?

The policy on the release of BWV can be found in the published BWV policy document at the below link:
BWV Policy (met.police.uk)

14 Releasing BWV footage to the media/social media

• Body Worn Video may be released to the prosecution during a trial, as instructed by the judge, or for another genuine policing purpose.

• The police may wish to release BWV to the media for a number of reasons, including tracing wanted suspects, locating people who have escaped or absconded from custody and post-conviction demands for information. The images could relate to a heroic act where the person saved is happy to be identified or could serve an educational purpose or to raise awareness of a particular issue.

• Releasing images/footage to the media outside the judicial process is an operational decision for the senior investigating officer who should record his/her decision in their decision log. The release of any footage to the press or social media should be done in consultation with DMC and in line with the MPS Media Policy.

• The decision to release BWV footage must always be proportionate, necessary and for a legitimate purpose. Any release must include consideration of the subject’s human rights – taking into account the offence committed and the subject’s right to privacy under Article 8 of the Human Rights Act. If the subject is charged with a criminal offence then, contempt of court issues must be considered.

• Unless permission to identify third parties featured in the footage has been obtained, it must be edited to remove any personal data relating to them.

• If a victim of crime features in the footage their permission must be sought and advance notice (where possible) given of the intention to release the footage.

• If the release is required to identify suspects in an investigation then PACE code D identification processes apply