6BSheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)

6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)

6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)

(1) A sheriff’s officer is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—

(a) the officer uses the device while acting in the execution of the officer’s duty, and

(b) the device is prominently attached to the officer’s uniform, and

(c) at least one of the following apply to the use of the device by the officer—

(i) before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,

(ii) in the opinion of the officer, there is a significant risk of harm to the officer or another person,

(iii) the recording of images or sound, or both, by the device is inadvertent or unexpected.

(2) In this section—

body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.

sheriff’s officer has the same meaning as in the Sheriff Act 2005.

(3) This section is repealed at the end of 30 November 2026.

s 6B: Ins 2023 (511), Sch 2. Am 2024 (575), Sch 2; 2025 (632), Sch 2.