FOI 855/25

Request

Under the Freedom of Information Act, I am requesting the force's policy on the issue of custody photos of convicts.

Specifically:

• Are custody photos published on the force's web site?

1a) Do they remain there indefinitely?

• Are there restrictions on who custody photos are made available to? Can any member of the public request them?

2a)Can press organisations?

• What criteria are used in determining the release/publication of a custody photo of a person charged with/convicted of an offence?

3a) Is there a minimum sentence length requirement for photo publication?

3b) Please include every requirement in your response.

Response 

We consulted with our Press Office who have provided the following response to your request.

Question 1

Yes, custody photos are published on the South Wales Police website.

Question 1a

They remain indefinitely only for sentences over three years in prison.

Question 2

There are restrictions, not any member of the public can request them.

Question 2a

Yes.

Question 3

A person must have been sentenced to an immediate prison term.

Question 3a

No.

Question 3b

Below are the relevant sections of our Media Guidance policy in relation to the publication of court outcomes and custody images.

• Custody images may be issued where an immediate custodial sentence has been imposed, regardless of the length of sentence (unless reporting restrictions apply in respect of inter familial sexual offences against children). The image given should relate to the detention for the offence for which they’ve been sentenced. If no picture was taken, older images should not be released.
• In the event of the sentence imposed being a Hospital Order/detention under the Mental Health Act, no custody picture should be issued, regardless of the length of the detention.
• Where a defendant has been sentenced for a sexual offence, approval to issue the custody image must be sought from the OIC or their supervisor.  It is most likely in this arena that automatic reporting restrictions will apply to the victims of such cases, and we are required to take steps to avoid them being identified in the media. If the victim in the case expressly wishes for the custody image not to be released, South Wales Police will abide by those wishes. It should, however, be made clear to the OIC that this will not prevent media reporting of the case (or the potential for the media to find an alternative picture), it will only prevent publication of the custody image.
• [Suggested form of words for delay in issuing the custody pic: South Wales Police’s custody picture release policy differs slightly for sexual offence cases. In these instances, the victim’s views are sought, via the OIC, to ensure its release will not adversely impact or identify the victim. We are awaiting a response from the victim(s) in this case and will respond to your request as soon as possible.

Suggested form of words for declining to issue the picture: South Wales Police’s custody picture release policy differs slightly for sexual offence cases. In these instances, the victim’s views are sought, via the OIC, to ensure its release will not adversely impact on the victim. In this case, the victim has requested that the picture is not released, and we will therefore be abiding by their wishes.]

• All custody pictures must contain the South Wales Police watermark, unless the photograph was taken by another force. They should also be issued on the photograph release form which includes a stipulation about re-using the photograph.
• Custody images should not be issued to reporters requesting custody images with limited details. As a minimum, reporters should provide a case file or DOB, defendant’s name and details of sentence imposed.
• In instances where SWP made an arrest on behalf of another force, the custody image can be issued to that force on the understanding that they release it in accordance with their own custody picture release policy. If they are issuing it on conviction/ plea, which would be sooner than SWP would release, it should be given to them without the watermark.

South Wales Police will continue to proactively publicise court cases, however where sentences of three years’ custody or less are imposed, we will remove the story from all of our platforms (website and social media) after three months. It is the responsibility of all press officers to ensure all material on our channels complies with this policy.