If you're approached by the police when in flight, firstly ask them to wait until you land your drone, and then engage in conversation.

Be on the look out for police officers who allow their position of power go to their head. They will make stupid mistakes to assert that power over the public. For example, take a look at this video, where an officer doesn't like how the auditor is flying his drone over the police station and deals with the situation in the most unprofessional way imaginable!

He starts by calling the auditor a 'clown', demands the drone is grounded and the second the drone is down, he slams his cuffs on the auditor who, has done nothing illegal. The officer then tries the Terrorism Act 2000 to detain the auditor and to obtain his details, completely unaware that he's used the wrong legislation; with no powers to demand this information. When this falls apart, he goes for a bread and butter, Section 5 (Public Order Act 1986) as he takes the auditor away to the police station. After being held for several hours, the auditor was released without charge and the auditor then brought about a civil claim which was upheld, costing the force £3,500 in damages. An absolute disaster for the force, because of one officers ego and inability to do his job.

In another example of an officer on an ego trip and abusing their powers; PC Jenks in this video refuses to follow standard police basic guidelines and policies and abuses his authority and powers. Again, this ends up in a civil claim being upheld against the force, resulting in a £1,500 payout. This obviously made an impact in the force because when the auditor returns to discuss the officer and the case, other officers are clearly cautious and nervous.

When the police don't want you filming in a public space, they'll do all they can to stop it. Many officers don't like being challenged and will keep pushing - even if it means they are making mistakes. In this video, this one and this one PC Beech detains a photographer under Section 55 of the Terrorism Act (this doesn't exist) for filming a police station. He then says he's using Section 44 (this was repealed for misuse) and it takes the photographer to tell the officer it's Section 43 he needs. This interaction was a total disaster from beginning to end and his colleagues just went along with this train wreck!

• If the police are using BWV (Body Worn Video) they must inform you if they are recording at the earliest opportunity that it is in use. You're entitled to a copy of any footage they capture.
• Be respectful and answer any questions they may have.
• You do not have to provide your details if no offence has been committed (this video by the Blackbelt Barrister explains your rights in more detail) but, sometimes this approach can prolong an encounter if you're dealing with an inexperienced of difficult officer.
• Bear in mind that the police do not - and aren't expected to - know every piece of drone legislation so be prepared to back up your claims (see Legal Resources and Apps) with the appropriate legislation.
• Don't be intimidated by the police, especially if they approach demanding your details. The PCSO in this video digs herself into a hole with her lack of legislative knowwledge and is left embarrassed by her unprofessional behaviour, her intimidation tactics and her poor knowledge of UK law. The officers prior to her visiting however were extremely professional, courtious and knew the law.
• If you're concerned about the accuracy of information an officer is providing, politely ask if it's possible for a member of the Drone Team to join the conversation as this is their area of expertise and they will know all required legislation to deal with the situation you find youself in. Often they know better than other officers as this video demonstrates, here the police didn't understand the law and were preventing take off, but the Drone Team allowed it, and educated the other officers at the same time.
• If a police officer approaches you in direct and abrupt fashion citing legislation and implying you're breaking the law, land the drone if it's in the air and don't be afraid to question the officers. This often happens to auditors and occasionally to recreational flyers. Two examples of this are seen on DJE Media's YouTube channel.
  
  
  • The first shows an officer approaching him trying to tell him he's doing something wrong but he was soon educated by the calm approach of DJE Media. This is a perfect example of how the police just don't always understand drone legislation. Even at a higher position in the force.
    
    
  • The second video shows a police sergeant storming across demanding the drone is grounded and DJE provides his personal details. Later in the video a police Drone Pilot arrives and backs up DJE Media and his position against that of the sergeant who was incorrect in his approach.


• If you feel intimidated by the police, remember that there is no strict, general legal duty to assist a police officer prior to any possible arrest or caution, with even basic police enquiries nor to accompany the officer to a requested location. The Rice v. Connolly (1966) case set a legal precedent for this in English law. This video is another example of how often the police get things wrong. Here the approach went from 'you've committed an offence', to 'I believe you've committed an offence' to 'my colleage will help me'. By the end of the interaction, it was established that no offence was committed and because the drone pilot stood his ground, the officer was educated and stood down, possibly feeling a little embarassed.
• If you're being asked for your details; ask for details of the suspected offence, the Act, Section and evidence of the legislation/law the officer believes you have broken. Record this.
• If you're being detained; try to record the interaction, ask for the detail of the suspected offence, the Powers, Act and Section they're using for the detainment. This DJ Audits video shows how DJA was detained for refusing to provide his personal details. DJ Audits obliged as he knew the officers were heading full speed into a brick wall of a civil case for unlawful detainment or unlawful arrest and - as previously - a financial payout. After the officers took further advice from colleagues; all of a sudden, the officers explained he was no longer detained and free to go.
• In a 'stop and account' situation, you don't have to provide your name or any other details if asked, as this video and this video demonstrate.
• There is an exception to the "no details" rule and this falls under Section 50 of the Police Reform Act 2002. Read this because there have been many cases in the past where this legislation has been abused by officers! In this video, the police accept the auditor is in a making a video in a public space but because he refuses to hand over his personal details, the plain-clothed officers call for uniformed officers to come and use/abuse Section 50 to effect an arrest.
• Be aware of the police threatening to use or actually using Section 43 of the Terrorism Act 2000 or Section 60 of the Counter-Terrorism Act 2008 to scare/force you to give your personal information. These powers are often abused and unfortunately, their use is seen all to often. An example of their use can be seen in this video and this video where these auditors led the police into the trap of Section 43. Because this seems to be a go-to power for the police for stubborn photographers, there is a list of examples provided below from various auditing channels.
• How a situation turns out is mostly down to you. This video from DJE Media demonstrates the importance of flying within the law, and the powers the police have to stop you flying or even to confiscate your equipment and put you before the courts.

Misuse of Powers

After watching a lot content from so-called Auditors (some of whom are drone pilots) on YouTube, one thing that really jumps out is how eager the police are to use Section 43 (Terrorism Act 2000) and Section 50 (Police Reform Act 2002) to force people to give their information and to effect searches.

Even as a law-abiding citizen, this is really worrying to see because it shows (a) the police abuse extremely powerful legislation to detain and force law-abiding members of the public to hand over their property (Section 43 comes with the power to search you, your property and your electronic equipment such as phones, cameras etc.) and (b) just how little they understand the legislation they're using so freely. See this video as an example where the police think they have power under Section 43 to obtain details and fingerprints of their detainee to establish their identity.

Take a look at this video and you'll notice the police repeatedly using the word HOSTILE to make a situation appear serious enough to warrant the use of serious powers - such as Section 43 (Hostile Reconnaissance) for stop and search.

In some cases the police will demand you delete any captured footage - which they have no power to do and may be an offence to do so, as The Blackbelt Barrister explains.

Below is a short list of videos showing these powers being used, many of which end up with the "suspected terrorist" or "anti-social person" being free to walk away without arrest. Many of these cases end up with civil claims being upheld against the force and officers in question because they misused/abused their powers.

Misuse Examples

These videos have been provided as an example of how some officers jump quickly to enforcement rather than dialog.

Again, staying respectful and staying legal will ensure you stay out of trouble.

Videos marked with a highlights videos where the police are making illegal detentions and arrests without knowing the Act's section or the powers they're using.

	Act/Section	Video
	Section 50	View
	Section 50	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View
	Section 43	View

  We keep copies of our information leaflets with us when flying, you can download and print copies from here which you can hand to people as a free resource, explaining the drone legislation and provide detail about the type of flight you're undertaking.