The decision to activate body-worn video (BWV) is generally left to the discretion of the officer, guided by force policy. There is no absolute legal requirement for them to have it recording at all times.
Most police forces instruct officers to turn it on when attending incidents involving public order, stop and search, use of force, or interactions where a complaint might arise. However, officers are not legally compelled to do so, and police officers can be highly selective as to when to activate their camera. Others may turn it off deliberately – either for operational reasons or to avoid capturing conduct that could later be scrutinised.
If you are interacting with the police you should always ask them to switch on their BWV. However, the presence of a camera does not necessarily mean that everything will be recorded or that the footage will be available upon request. You will have to make a subject access request (SAR) to obtain the footage and these can be refused if there is a pending investigation or prosecution.
Copper Stopper provides an in-depth breakdown on the law surrounding BWV, how to obtain it, how to spot abuses, and how to take legal action if the footage is refused. It details how to make effective subject access requests (SARs) to obtain footage, how to challenge refusals, and the steps to take if crucial evidence has been deleted or withheld.
