Judgment Approved by the court for handing down
9.
R (Bridges) v CCSWP and SSHD
Section 29(6) provides that a surveillance camera system means:
“(a) closed circuit television or automatic number plate recognition
systems,
(b) any other systems for recording or viewing visual images for
surveillance purposes,
(c) any systems for storing, receiving, transmitting, processing or
checking images or information obtained by systems falling within
paragraph (a) or (b), or
(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 SC Code.
11.
Section 30 provides that the Secretary of State must lay the code of practice and
order providing 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: