Section 38Part 4 — Powers, Duties and Privileges of Police Officers
Photographs
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38. (1) A person who is detained at a police station may be photographed —
with the appropriate consent; or
if the appropriate consent is withheld or it is not practicable to obtain it, without it.
A person who has been —
arrested by a police officer for an offence; or
taken into custody by a police officer after being arrested for an offence by a person other than a police officer, may be photographed elsewhere than at a police station —
with the appropriate consent; or it, without it.
if the appropriate consent is withheld or it is not practicable to obtain
A police officer proposing to take a photograph of any person under this section —
may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and
if the requirement is not complied with, may remove the item or substance themselves.
Where a photograph may be taken under this section, the only persons entitled to take the photograph are police officers, and where the appropriate consent is not given, the police officer may use reasonable force, to do so.
A photograph taken under this section — Police Act (2021 Revision) Section 39 c Revised as at 31st December, 2020 Page 31
may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution or to the enforcement of a sentence; and
after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
In subsection (5) —
the reference to crime includes a reference to any conduct which —
constitutes one or more criminal offences whether under the laws of the Islands or of a country or territory outside the Islands; or
is, or corresponds to, any conduct which, if it all took place in any