Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
(d) any other systems associated with, or otherwise connected
with, systems falling within paragraph (a), (b) or (c).” (emphasis
added)
10.
A surveillance camera system which makes use of AFR therefore falls within this
definition and is addressed within the Surveillance Camera Code of Practice.
11.
Section 30 provides that the Secretary of State must lay the code of practice and order
providing for the code to come into force before Parliament, and that such an order is
to be a statutory instrument.
12.
Section 31 provides that the Secretary of State must keep the code under review and
may alter or replace it.
13.
Section 33 requires “relevant authorities” (which includes a chief officer of a police
force) to have regard to the code of practice when exercising any functions to which it
relates.
14.
Section 33 further sets out the responsibility of a relevant authority as follows:
“(1) A relevant authority must have regard to the surveillance
camera code when exercising any functions to which the code
relates.
(2) A failure on the part of any person to act in accordance with
any provision of the surveillance camera code does not of itself
make that person liable to criminal or civil proceedings.
(3) The surveillance camera code is admissible in evidence in
any such proceedings.
(4) A court or tribunal may, in particular, take into account a
failure by a relevant authority to have regard to the surveillance
camera code in determining a question in any such proceedings.”
(emphasis added)
15.
Section 33(5) provides the list of “relevant authorities” for the purposes of this part of
the Act. Section 33(5)(j) sets out the inclusion of any chief officer of a police force in
England and Wales. The Chief Constable of South Wales Police is therefore a relevant
authority for the purposes of this Act.
16.
Section 34 provides for the appointment of a Surveillance Camera Commissioner by
the Secretary of State. The Surveillance Camera Commissioner is an arms-length body
funded by, but independent of, the Home Office. His role is, inter alia, to ensure public
confidence in surveillance systems. Section 34 provides that the Commissioner's
functions include:
“(a) Encouraging compliance with the surveillance camera code;
(b) Reviewing the operation of the code; and