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Authordddiamonddd
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I posted this on your other post, but I'm going to post it here too:

https://www.scotland.police.uk/access-to-information/freedom-of-information/disclosure-log/2021/february/21-0127-memo-recording-filming-taking-photographs-etc-of-officers-on-duty/

To quote the Memo in the above link, which is a memo from the Chief Superintendent of Professional Standards at Police Scotland:

> Generally speaking, officers have no powers to stop members of the public filming or taking photographs of them in the course of executing their duties in public places i.e. where the member of the public has a legal right to be.

> Notwithstanding the foregoing, if it is considered that the filming is impeding or obstructing an officer in the lawful execution of their duties the individual may be committing an offence under Section 90(2) of the Police and Fire Reform (Scotland) Act 2012 or potentially a Breach of the Peace. The decision on whether such an offence is being committed will depend on the particular nature of the incident officers are responding to and the manner in which the filming is being carried out.

> However, once an image has been recorded, the police have no power to delete or confiscate it. This, of course, does not affect an officer’s powers to seize items where they suspect there is evidence of criminality.

I haven't done a very extensive search, but I can't find anything to suggest that this does not continue to apply. But obviously a solicitor would be better equipped than I am.

From what you have posted:

1. You were in a public place where you have a right to be. They are in a public place. It is not illegal to take photos or video in a public place.

2. You are not impeding them or obstructing them from carrying out their duties - they have, evidently, been able to arrest the intended person and you did nothing to prevent them from doing so. Everything would have presumably occurred exactly as pictured whether or not you were filming (up until the point where you were challenged on filming, of course).

3. The manner in which you were filming doesn't, in my non-lawyer view, seem to amount to any breach of the peace. You're just standing there, filming.

4. As noted, they have no right to delete it. They'd really struggle to argue there was evidence of criminality here so they'd have no right to seize your phone for filming.

Raise a complaint to Police Scotland.
Reddit Linkhttps://www.reddit.com/r/glasgow/comments/uwmhja/can_the_police_do_this_this_happened_today_at_the/i9sf4g7/
CreatedTue 24th May 2022 9:52am
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