Under Section 64A(1) PACE, a detained person may be photographed without consent when?

Under Section 64A(1) PACE, a detained person may be photographed without consent when?

• A. With the appropriate consent
• B. If the appropriate consent is withheld or it is not practicable to obtain it
• C. Only after charge
• D. Never

Answer: (B)

Photography without consent is allowed under Section 64A(1) PACE when it is not practicable to obtain the detained person’s consent or when the detained person withholds it. This power exists to help identification and the investigation, allowing a still image or other image to be taken while the person is in custody even if they refuse to consent or cannot reasonably provide it. It’s not limited to after charge—the authority applies during detention to assist in identifying the person and advancing the investigation. The idea is that consent is not required in those specific situations, whereas requiring consent or waiting until after charge would defeat the practical needs of identification; and there is no blanket rule that such photography is never permissible.

Photography without consent is allowed under Section 64A(1) PACE when it is not practicable to obtain the detained person’s consent or when the detained person withholds it. This power exists to help identification and the investigation, allowing a still image or other image to be taken while the person is in custody even if they refuse to consent or cannot reasonably provide it. It’s not limited to after charge—the authority applies during detention to assist in identifying the person and advancing the investigation. The idea is that consent is not required in those specific situations, whereas requiring consent or waiting until after charge would defeat the practical needs of identification; and there is no blanket rule that such photography is never permissible.