s 116 Photographing of suspects etc.
(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows. (2) After subsection (1) insert— (1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (1B) A person falls within this subsection if he has been— (a) arrested by a constable for an offence; (b) taken into custody by a constable after being arrested for an offence by a person other than a constable; (c) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“ the 2002 Act ”); (d) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988; (e) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or (f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him. (3) In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ” . (4) In subsection (5), after paragraph (b) insert ; and (c) “ sentence ” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence. (5) After subsection (6) insert— (6A) In this section, a “ photograph ” includes a moving image, and corresponding expressions shall be construed accordingly.