IPCC upholds photographer's complaint over Met police investigation

A photojournalist who complained after being searched by the police under stop and search powers two years ago says the result of an investigation by the Independent Police Complaints Commission (IPCC) "represents a major concession" in the section 44 debate.

Jess Hurd, one of the founders of the 'I am a photographer, not a terrorist' campaign and chair of the National Union of Journalists London Photographers' Branch, was searched by Metropolitan police officers while covering a wedding at London Docklands in 2008. Hurd later complained to the Metropolitan Police Service (MPS), claiming that she had clearly displayed her press card and explained her actions and that police had made inappropriate use of section 44 of the Terrorism Act 2000.

Hurd claims that she was stopped by police officers and detained for 45 minutes while filming the wedding reception as part of an ongoing documentary project.

The MPS investigation found that there was "no case to answer in relation to the conduct of the officers", but in December 2009 Hurd appealed over the Met's handling the complaint to the IPCC, which then launched an investigation. The IPCC today released a statement to Journalism.co.uk to say that it believes police officers "could have handled the incident differently".

The IPCC – which has previously said that it believes the use of stop and search powers to be "highly intrusive" and that they "may risk undermining individual and community confidence in policing" – upheld Hurd's complaint on the grounds she was not provided with adequate information regarding the MPS investigation into her complaint.

It did not uphold her appeal against the actual findings and the decision on whether the officers had a case to answer.

In a statement to Journalism.co.uk, the IPCC said that "with the assistance of hindsight the officers could have handled the incident
differently, from a public confidence and satisfaction perspective".

"Since the time of this incident the government has amended the power of stop and search under section 44 of the Terrorism Act 2000. We believe it is cases such as this that have helped in bringing about such changes."

Hurd told Journalism.co.uk that the response from the IPCC "represents a major concession at a highly sensitive time".

"That even the IPCC acknowledge that powers used in this way have lost public confidence and are 'highly intrusive' should be another nail in the coffin of section 44," she said.

NUJ deputy general secretary Michelle Stanistreet said: "It is an abuse of power that the police acted in this way and we congratulate Jess for challenging them and helping to bring pressure to bear to get these powers scrapped."

The Home Secretary has since announced that police officers are no longer be allowed to use section 44 stop and search powers on individuals as part of a review of counter-terrorism legislation.

In an oral statement given in the House of Commons in July this year, Theresa May outlined interim measures which would "not allow the continued use of section 44 (...) in contravention of our civil liberties".

This meant that police should only use section 44 in relation to the searches of vehicles where 'necessary'.

She also introduced a new suspicion threshold: "Officers will no longer be able to search individuals using section 44 powers. Instead, they will have to rely on section 43 powers - which require officers to reasonably suspect the person to be a terrorist."

At a photography seminar in October, MP Don Foster pledged his support to the photography industry and called for section 44 to be repealed and removed, not just suspended.

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