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The Gwent Auditor / TGA posted the following video on the 1st June 2023 about a visit to the GLAA – Gangmasters and Labour Abuse Authority building in Nottingham.
Love or hate auditors on YouTube, there is an ever growing library of videos that show the Police abusing their powers, making up the law and showing complete ignorance of the law.
Having watched the video, it is clear that PC 1191 Madison Moss-Hayes of Nottinghamshire Police based at Byron House Police Station urgently needs some training so that she understands how to approach the public, civil trespass, the law about photography in public and what Section 35 is and how to use it lawfully.
9:32 “It’s the law mate“
12:57 When asked under what law…….”Under a Section 35 Act ok so it’s a dispersal order“
14:03 When asked again…………”It’s under Section 35 Act“
PC 1191’s bold statement “It’s the Law” is totally wrong as It’s not the law.
Calling a member of the public “mate” is also high questionable and unprofessional.
The College of Policing publish a Code of Conduct which sets out the principles and standards of behaviour that we expect to see from police professionals.
Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.
Photography Advice Met Police
I can only assume PC 1191 Madison Moss-Hayes of Nottinghamshire Police was referring to Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014. There is no evidence to suggest that authorisation was granted as required under Section 34 of the same Act.
In my opinion, any arrest made by PC Moss-Hayes would have been unlawful and The Gwent Auditor would have been able to make a civil claim against the Police Constable and Nottinghamshire Police.
34 Authorisations to use powers under section 35
(1) A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.
“Specified” means specified in the authorisation.
(2) An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—
(a) members of the public in the locality being harassed, alarmed or distressed, or
(b) the occurrence in the locality of crime or disorder.
(3) In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
(4) An authorisation under this section—
(a) must be in writing,
(b) must be signed by the officer giving it, and
(c) must specify the grounds on which it is given.
35 Directions excluding a person from an area
(1) If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—
(a) to leave the locality (or part of the locality), and
(b) not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).
(2) The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—
(a) members of the public in the locality being harassed, alarmed or distressed, or
(b) the occurrence in the locality of crime or disorder.
(3) The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).
(4) The exclusion period may not exceed 48 hours.
The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.
(5) A direction under this section—
(a) must be given in writing, unless that is not reasonably practicable;
(b) must specify the area to which it relates;
(c) may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).
(6) The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.
(7) If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.
(8) Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.
(9) Notice of a withdrawal or variation of a direction—
(a) must be given to the person to whom the direction was given, unless that is not reasonably practicable, and
(b) if given, must be given in writing unless that is not reasonably practicable.
(10) In this section “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
(11) In this Part “exclusion period” has the meaning given by subsection (1)(b).
Anti-social Behaviour, Crime and Policing Act 2014
Latest Gwent Auditor YouTube Videos
You may also be interested in our articles on What is Policing by Consent ?, Met Police, Sussex Police, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and the State of Policing Report 2022 and the Loss of Public Trust.
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