In an era where every piece of evidence can change the scales of justice, body-worn cameras (BWVs) were welcomed as a beacon of transparency and fairness. Designed to serve as impartial digital witnesses, their presence was expected to safeguard the interests of the public and the police alike. But is the system as foolproof as we thought?
Practical Impact
Introduced to increase transparency, body-worn cameras are far from the unbiased tools we imagined them to be. A recent BBC investigation brings to light over 150 reports in England and Wales that show an alarming trend of misuse—officers switching off their cameras when it most matters, unauthorised deletion of footage, and sharing of videos among colleagues or on social media.
Misuse of Body Worn Video (BWV) by the police can severely obstruct justice. When mismanaged, crucial evidence can go missing, causing the Prosecution to halt proceedings. This comes after the Defence has tirelessly sought the footage through countless requests, only to hit a dead end. Such lapses don’t just affect Defendants; they deliver a harsh blow to Complainants as well. They watch their cases get “dropped”, not due to a lack of merit but a police failing.
These revelations beg us to reconsider the efficacy of BWVs, especially when the misuse is often not just “shocking” but “unlawful,” as stated by Acting Chief Constable Jim Colwell of the National Police Chief Council’s lead for body-worn video.
Accountability: A Missing Element
An issue we often face in our practice is the curious case of the “missing” or “turned off” BWV footage. Especially when examining situations where the legality of the arrest comes into question or there’s a noticeable, disproportionate use of force, this missing footage can be a game-changer.
Shockingly, no consequences seem to occur for officers who misuse their BWVs. This lack of accountability enables misconduct and reduces the chances of any significant systemic change.
From our vantage point as defence solicitors, we often see BWV footage conspicuously absent from initial disclosure, even when referred to in the officer’s statement. This glaring omission influences the extent of the advice we can give our clients and puts them at a disadvantage.
Pre-emptive Measures
If you interact with the police, asking the officer to activate their BWV is wise. It’s a step that could prove crucial later on. Additionally, writing to the police to mark the footage as ‘evidential’ can prevent its deletion, preserving your chances for a fair legal process.
Humanising the Uniform: An Unintended Consequence
The presence of BWVs also affects the police officers’ behaviour — but not necessarily in a way that benefits the public. Officers tend to regurgitate policy verbatim instead of displaying empathy, presumably out of fear of potential repercussions from misuse of the footage. It is a double-edged sword, dehumanising the uniform even as it aims to uphold justice. This is seen in multiple first-person reports published online.
While Acting Chief Constable Jim Colwell advocates releasing more footage to build public trust, we must ask – will it solve the core issue? Transparency alone can’t restore the confidence eroded by misusing a system supposed to be purely objective.
Long-term Solutions
The legal community must push for stringent BWV usage rules, especially those focused on defence. Software enhancements that prevent unauthorised deletion establish clear consequences for misconduct, and more transparent procedures for sharing footage with defence attorneys can be solid steps forward.
Where Do We Go From Here?
The gaping holes in the current body-worn camera system challenge us to confront an uncomfortable reality: law enforcement agencies and the public must work collaboratively to overhaul the system. Without mutual trust and stringent safeguards, body-worn cameras may serve less as an instrument of justice and more as a tool for systemic manipulation.
In light of the above, if you’re entangled in a legal situation involving body-worn cameras, remember:
- Ask the officer to activate their BWV.
- Request in writing for the footage to be marked as ‘evidential’ as soon as possible.
If you or a loved one face legal issues surrounding BWV, remember you are not alone. Contact us at Slater Heelis for comprehensive legal support at 0330 111 3131 or by filling out our contact form here.