Met Police illegal photo policy rapped

On June 22, in a test case, two judges declared the Met Police policy on custody photographs “unlawful” and ordered the force to review its retention policy “within months”.

The ruling, which means that the police will have to delete millions of “mugshots” of innocent people, was won by two applicants referred to as RMC and FJ, whose requests to destroy their records were refused by the police as the force retained their DNA samples, fingerprints and photographs on the police national computer (PNC).

In the first case, RMC, a 60-year-old woman from Chelsea, was arrested five years ago on suspicion of assault and in the second case, FJ, a 12-year-old boy from Peckham, was detained on suspicion of rape after voluntarily attending a police station for questioning in April 2009.

“I am not satisfied that the existing (police) policy strikes a fair balance between the competing public and private interests and meets the requirements of proportionality,” said Lord Justice Richards, sitting at London’s High Court with Justice Kenneth Parker.

“In my judgement, therefore, the retention of the claimants’ photographs in application of the existing policy amounts to an unjustified interference with their right to respect for their private life and is in breach of Article 8 of the European Convention on Human Rights.”

Meanwhile, the Equality and Human Rights Commission said that the ruling meant the police “cannot keep photographs of people without criminal records or those not found guilty”.

SSM/JR/HE

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