26ZLATaking photographs and video recordings of injury and illness

#### 26ZLA Taking photographs and video recordings of injury and illness 26ZLA Taking photographs and video recordings of injury and illness > > (1) A police officer who is of the rank of sergeant or higher may take a photograph, or make a video recording, of a person who is being detained under a preventative detention order, or cause a photograph of the person to be taken, or a video recording of the person to be made, if the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under the order. > > > (2) The photograph or video recording may only be used— > > > > > (a) for the purpose for which it is taken or made, or > > > > > (b) in connection with a complaint about, an investigation into, or any proceedings (including civil or criminal proceedings) that relate to, police misconduct. > > > (3) A person who uses a photograph or video recording in contravention of subsection (2) is guilty of an offence. > > > > Maximum penalty—Imprisonment for 2 years. > > > (4) As soon as practicable after 12 months elapses from the taking of the photograph, or the making of the video recording, the Commissioner of Police is to ensure that the photograph or video recording is destroyed if proceedings in respect of either of the following have not been brought, or have been brought and discontinued or completed— > > > > > (a) the preventative detention order, > > > > > (b) the treatment of the person in connection with the person’s detention under the order. > > **s 26ZLA:** Ins 2018 No 92, Sch 1 \[21\].