I Was Almost Arrested

The following as a document that I have just sent to the local police. It is part of a more detailed complaint relating to a visit I made to Milngavie Police Station on the 14th August 2011. My visit was to report an incident/crime that I considered and still consider to be serious in nature. I have removed details of this from this blog as I still wish to pursue this with the police. I have also removed the officers name as this could prejudice any investigation.

The majority of this document was written upon returning home from the police station. At this point I was a little shell shocked. For a while I was not sure I was going to get home without being arrested.....

Arrived at the station at approximately 2:30pm. Talked to lady at front desk. Showed attached documents xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

I explained briefly the problem to the lady officer, who took the documents away. She came back and explained that after talking advice, she was not bringing the officer she was speaking to, out (more senior?). If she did, ‘you wouldn’t be leaving the station without being arrested’. Obviously I was quite shocked by this statement and asked for clarification.

She suggested that I was not allowed to cycle with a helmet camera the way I do, and posting the videos in a public place, i.e. licence (number) plates and faces are private. She also said I was not allowed to post on YouTube. I was of course shocked by this statement and mentioned that I have already talked to lawyers etc and that I have taken advice from the Information Commissioner. She continued to point out that the advice she had been given (from her colleague) was contrary to this. Eventually she said, ‘Right! Wait here!’. She disappeared off into the station. Her manner was suggestive of, ‘now you’re getting into trouble’. I was expecting to be arrested.

A short while later Officer xxxxxx  came out and took me to an interview room. It was made very obvious that they were not interested in my crime report, only in the ‘illegal’ nature of my filming and posting.

Officer xxxxxx and another officer, who entered the room (I did not get his name) started stating that what I was doing was illegal and that videoing and posting videos to YouTube could get me arrested. They pointed out (all the way through the discussion) that number plates and faces are private and that I have no right to film them. I fact officer xxxxxx pointed out that his number plate had his initials on it and he considered it private. I pointed out several times that all the information that I have (including the Information Commissioner) suggests that filming and posting as I do is perfectly legal. They told me I was wrong. 

I felt that they softened their tone as the discussion went on and they then were suggesting that I could be sued by someone for one of my videos. They did however say that, if I cycled past a school, and inadvertently filmed some children, that if a parent was alarmed by that, I could be arrested  for filming children. Officer xxxxxx said ‘I would arrest you, no questions asked’.  I pointed out that the issue of intent, i.e. that my filming has nothing to do with filming children. He agreed that this would be a matter of the courts or procurator fiscal. Is it policy to arrest people who film children without question if a complaint is received?

I then asked about xxxxxxxxx (my crime report). He dismissed this off hand. xxxxxxxxxxxxxxxxxxxxxxxxxxxx

On a number of occasions he pointed out that organisations need CCTV signs when using cameras and he asked a few times if I was licenced to film. He suggested that I needed to be, and as far as he was concerned what I did was not exempt from the DPA under the recreation exemption. He asked me to define ‘recreation’ with regards to the DPA. I pointed out that I did not know this and that was why I contacted the Information Commissioner. 

I also pointed out that I had reported incidents before, and I mentioned an incident that I reported to Milngavie police station of an oil tanker that nearly killed me. I described in detail why it didn’t go to court in the end due to a Supreme Court ruling meaning that the original testimony of the accused no longer being acceptable for use in court. He seemed a little confused about the issue of corroboration at first, i.e. I pointed out I’d need an expert witness to talk to my footage as it was not seen as independent otherwise (specific to Scots law I believe). Upon considering this, he agreed. I pointed out that all the way through this investigation when talking to the police and the Procurator Fiscal that no-one suggested my filming was illegal. He was dismissive of this.

At one point he pointed out that if a woman decided to strip off in her front garden and I inadvertently filmed her (and she saw me and complained), he would arrest me for that. This is blatantly not true.

I also pointed out that the MET in London actively encourage the use of helmet cameras. Officer xxxxxxxx pointed out that that was in England and this was Scotland, so would explain the difference. This of course is wrong as the data protection act is UK is covers both Scotland and England.   

The meeting ended with nothing being done about xxxxxxxxxxxxxxx and I felt shocked by the way I was treated as the accused. 

On the way out I mentioned that the lady at the desk had suggested that I could get arrested today. He agreed that was not the case, but that I had to be careful.

 

I left the station at approximately 15:00. I felt very shocked by the experience. It really did cross my mind that they were going to arrest me when they took me through. Very unpleasant!!