A Body Worn Camera (BWC) is a portable camera worn or used by uniform police and protective services officers (PSO).
About Body Worn Cameras (BWC)
BWCs capture audio and video recordings of interactions between officers and the public. This includes the real time capture of video and audio evidence at incident scenes.
Footage from BWCs can be used as evidence in court and for investigative purposes.
Evidence, footage and requests
BWC footage is defined as 'Protected Information' under the Surveillance Devices Act 1999. Only authorised officers will have access to the footage.
All access to BWC footage is monitored, tracked and auditable.
Police must activate their cameras to:
- capture an incident or interaction with the public
- when they are exercising a police power.
Police may not always tell you when they are turning on the camera.
You are more than welcome to ask the police officer or PSO if you are unsure.
All access to BWC footage is recorded and the original footage is always retained and unaltered.
Where absolutely necessary or required by law, police can edit or redact BWC footage when preparing evidence for a hearing before a court.
The court can request editing as part of legal proceedings.
Police must give a copy of a BWC recording within seven days, when:
- a person has been arrested for an indictable offence (such as theft, criminal damage or more serious assaults)
- or when someone has been given their caution and rights and any admissions made to them.
Police can provide that footage in two ways.
- Sending a link to an email address provided by the person in the footage who can access or download it. This link can also be forwarded to a lawyer.
- Downloading that footage, burning it onto a disc and giving it to the person in the footage.
All other footage related to the offences will be disclosed with the police brief of evidence as per legislative requirements.
All Body Worn Camera footage will be listed as an exhibit in the brief. This includes summary and indictable matters and family violence intervention order proceedings.
Legal practitioners will be able to apply for a copy of BWC footage on behalf of their client(s).
Self-represented accused, may write to the informant requesting that a full brief be served (which would include a copy of relevant BWC footage) pursuant to s.39 of the Criminal Procedure Act.
A person making a complaint against police or a Protective Services Officer can arrange to view the relevant BWC footage relating to their complaint.
This can be done at their nearest police station.
There may be circumstances where this will not be permitted, such as:
- when the exposure of that footage may be put someone in danger
- present a risk to witnesses
- or a risk of evidence being destroyed.
You should be told the reason you cannot view the footage.
Non-evidentiary footage will be retained for 90 days.
Other footage is held for periods determined by legislation.
Body Worn Camera (BWC) footage is defined as ‘Protected Information’.
This provides general exemptions from a Freedom of Information (FOI) request.
If the footage is used under the reasons outlined in the Act, it may be subject to an FOI request.
Body camera footage may contain evidence of:
- violence
- death
- nudity
- disturbed or erratic individuals
- and/or force used by or against police.
Footage produced can be confronting, contain graphic images and viewer discretion is advised.
A lawyer can provide guidance on what may be contained within the evidence before viewing.
Before footage is played in court, guidance may be sought from the parties on the content before it is shown in open court.
Victoria Police values the positive relationship it has with the community. We understand that some people may have concerns about police recording incidents using Body Worn Cameras.
We want to assure you that all footage is protected.
The secure storage and management of this footage it is taken very seriously.
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