Well I am no lawyer, but in order for this to stick, they would have to prove that this person's actions somehow impacted the staff at this hospital.
I would consider recording the truth to be a 'reasonable excuse' if I was her defence lawyer. If she left when they asked her to leave, (or if no one asked her to leave) that should end it right there, as this law only applies under that condition.
The concept of having to "ask for permission" to record a public venue is ludicrous. Does the government ask YOU for permission when they record every street intersection or set up photo radar?
On 1 November 2006, the CPS signed a Memorandum of Understanding with the NHS Security Management Service. The Memorandum of Understanding (MoU) emphasises the CPS' commitment to work with the NHS to tackle physical assault or abuse of NHS staff, and provides mechanisms to that effect. It is also a public statement of the seriousness with which any offence committed on NHS staff while on duty will be treated by Crown Prosecutors.
Reference should be made to this MoU and any local Service Level Agreements that have been agreed when a member of NHS staff has been obstructed or hindered in an emergency circumstance.
Offence of causing nuisance or disturbance on NHS premises
Section 119(1) of the Criminal Justice and Immigration Act 2008 ('CJIA 2008') is in force (in England only) from 30 November 2009.
This provision creates a new offence of causing without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work.
Additional ingredients of the offence are that a person must** (i) refuse without reasonable excuse to leave the NHS premises when asked to do so by a constable or staff member**, and (ii) not be on NHS premises for the purpose of obtaining medical advice, treatment or care for him or herself.
I'm not a lawyer or officer or versed in UK laws, but we might not have all the details of what this woman was doing there either. Was she asked to leave? What's not shown on the video? Did she ask for permission to be there or to film?
As a patient or medical professional, do you want people storming the hospital with cameras and attempting 'ah ha! gotchu!' youtube videos? Do you want people filming or roaming about while you are dying or in outpatients with a broken arm or visiting your mother after a surgery? Ignore covid protocols for a moment and think about it from a general perspective about people just roaming halls in a hospital like this. Do you think it should be legal behaviour? What if a group of youtube personalities start entering hospitals en masse now and filming randomly - do you think thats acceptable actions similar to this? Your privacy and safety in a hospital now being filmed without permission and broadcast for clicks and likes?
As a healthcare professional (dr, nurse, etc), do you want to be filmed on a coffee break and broadcast as some clickbait video of 'dr doing nothing during pandemic'? What if someone codes and now you are being filmed trying to save someones life - do you think they should be subjected to extra pressure while someone is literally dying because soemone is filming randomly in hospital? These are annoyances and disturbances that I'm sure most people agree shouldnt be allowed in general principle.
On the other hand, these hospitals are not warzones and not overwhelmed and we are being lied to daily by "experts" and politicians. There's merit in showing this, but perhaps there are official channels to get permission first, too?
There's nuance in this and its not just "arrested for showing lies". We also dont have full details on just what happened - only the video of filming parts.
I am ok with it. The people who are on it as patients can be blurred out. It is no different than if a news crew filmed. Which we all no will never happen.
Well I am no lawyer, but in order for this to stick, they would have to prove that this person's actions somehow impacted the staff at this hospital.
I would consider recording the truth to be a 'reasonable excuse' if I was her defence lawyer. If she left when they asked her to leave, (or if no one asked her to leave) that should end it right there, as this law only applies under that condition.
The concept of having to "ask for permission" to record a public venue is ludicrous. Does the government ask YOU for permission when they record every street intersection or set up photo radar?
Yeah if this was a TikTok video it would be 100% A-OK.
I'm guessing it's charge of Public Order Offences related to:
I'm not a lawyer or officer or versed in UK laws, but we might not have all the details of what this woman was doing there either. Was she asked to leave? What's not shown on the video? Did she ask for permission to be there or to film?
As a patient or medical professional, do you want people storming the hospital with cameras and attempting 'ah ha! gotchu!' youtube videos? Do you want people filming or roaming about while you are dying or in outpatients with a broken arm or visiting your mother after a surgery? Ignore covid protocols for a moment and think about it from a general perspective about people just roaming halls in a hospital like this. Do you think it should be legal behaviour? What if a group of youtube personalities start entering hospitals en masse now and filming randomly - do you think thats acceptable actions similar to this? Your privacy and safety in a hospital now being filmed without permission and broadcast for clicks and likes?
As a healthcare professional (dr, nurse, etc), do you want to be filmed on a coffee break and broadcast as some clickbait video of 'dr doing nothing during pandemic'? What if someone codes and now you are being filmed trying to save someones life - do you think they should be subjected to extra pressure while someone is literally dying because soemone is filming randomly in hospital? These are annoyances and disturbances that I'm sure most people agree shouldnt be allowed in general principle.
On the other hand, these hospitals are not warzones and not overwhelmed and we are being lied to daily by "experts" and politicians. There's merit in showing this, but perhaps there are official channels to get permission first, too?
There's nuance in this and its not just "arrested for showing lies". We also dont have full details on just what happened - only the video of filming parts.
If she violated the privacy of any such people, then they have a claim against her.
The government does not.
I am ok with it. The people who are on it as patients can be blurred out. It is no different than if a news crew filmed. Which we all no will never happen.
Oi, oi, oi. You got a hospital filming loicense, chum?