In New South Wales, police are permitted to use body worn video (BWV) cameras to record incidents and may use the resulting body camera footage as evidence in legal proceedings.

These cameras are increasingly used by law enforcement across the state to provide clear, real-time recordings of interactions between police and members of the public. Their use is guided by both legislation and internal police procedures, aiming to support investigations, improve accountability, and ensure transparency in policing.

Below, we explore the legal framework that governs the use of police body worn cameras in NSW, including when officers are allowed to record, how the footage can be used, and what rights apply to members of the public.

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Introduction to Body Worn Cameras

Body worn cameras, also referred to as body worn video (BWV), are compact audio-visual recording devices worn by police officers. They are designed to capture high-definition wide-angle video and high-quality audio during interactions between police and the public. Their use has become standard in many police jurisdictions, including NSW, to document incidents, improve officer accountability, and enhance public trust in policing practices.

The use of body worn video is also seen as a valuable tool for recording evidence at crime scenes, responding to complaints about police conduct, and supporting both training and operational reviews.

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What is the Law on Police Body Worn Cameras in NSW?

The use of BWV cameras by police officers in NSW is legislated under the Surveillance Devices Act 2007 (NSW). This provides the legal framework for their use, including:

• Police officers must be acting in the execution of their duty;
• The use of BWV must be overt (i.e. the camera is visible and not concealed);
• In circumstances involving the recording of private conversations, the officer must be in uniform or clearly identify themselves as a police officer to all parties involved.

These requirements ensure that the use of body worn cameras complies with principles of transparency, legality, and accountability.

Recent changes to legislation have enhanced the admissibility of BWV in both criminal and civil matters, improving access to objective evidence and supporting community confidence in police practices.

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Types of Body Worn Cameras Used by NSW Police

NSW Police use various models of body cameras, including the Axon Body series (such as Axon Body 1, 2, 3, and 4). These devices offer:

• Secure digital storage,
• Integration with law enforcement databases and workflows,
• Reliable and tamper-proof video and audio recording features.

Officers are required to wear BWV cameras in positions that are clearly visible, not hidden or concealed.

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When Are Police Officers Permitted to Use Body Worn Cameras?

According to the NSW Police standard operating procedures, BWV may be used:

1. As evidence in court,
2. For investigative purposes, including complaints against officers,
3. For training purposes,
4. To gather intelligence during police operations, and
5. Where otherwise permitted under police regulations.

Importantly, officers have discretion over whether or not to activate their BWV cameras. They are not legally required to turn them on, even if requested to do so by a member of the public, and they may continue recording, even when someone objects to being filmed.

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Situations Where BWV Is Typically Used

The standard operating procedures provide that BWV should be used in situations such as:

• When police would otherwise record details in their official notebook,
• To capture evidence or verbal statements,
• During the exercise of police powers (e.g., arrest),
• Vehicle stops,
• Anticipated use of force (including deployment of tasers),
• Strip searches, and
• Public order events (e.g., riots or protests).

Recordings are intended to be incident-specific, and cameras are not constantly recording.

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Activation, Notifications, and Cautions

When deciding whether to commence recording, police officers must consider:

• Their own safety and protection,
• The need to gather evidence, and
• Accountability and community expectations.

Upon activating a body worn camera, officers are expected to notify the person being recorded. A standard statement may be used, such as:

“I am wearing a body-worn video camera, and our conversation and your actions are being recorded. Do you understand that?”

If officers are unable to make this statement immediately, they should do so as soon as practicable.

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Use of Body Worn Camera Footage as Evidence

BWV recordings are often used in criminal investigations and prosecutions. They are served as part of the brief of evidence when the prosecution relies on them.

For example:

• First account witness statements may be captured directly on BWV at the scene.
• Witnesses may review their recorded statements before providing a formal written statement.

If an accused person makes admissions while being recorded, these statements may be admissible only if the officer has issued a proper caution. As outlined under section 139 of the Evidence Act 1995 (NSW), failure to caution the accused can lead to the footage being excluded from evidence.

If you're facing charges and believe BWV footage could affect your case, speaking with an experienced criminal defence lawyer can help you understand how the evidence might be challenged or used in your defence.

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Access to Body Worn Camera Footage

Access to BWV footage is tightly regulated. Generally, access is restricted to:

• Police officers and investigators,
• Prosecutors, and
• Legal representatives involved in the case.

In civil matters, individuals may need to apply to the court to obtain footage. The access framework reflects the need to balance transparency, privacy rights, and the integrity of investigations.

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Body Worn Cameras in Civil Proceedings

The role of body worn cameras in civil proceedings has grown significantly, particularly in cases involving allegations of police misconduct or the use of excessive force. Courts may allow BWV footage to be admitted as evidence, depending on its relevance and compliance with the rules of evidence. This footage can be decisive in verifying or disputing claims, and adds a layer of scrutiny to police conduct in civil litigation.

The NSW Police Force has developed policies for managing BWV recordings in both criminal and civil contexts, helping to ensure procedural fairness and uphold public confidence in the justice system.

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Need Legal Advice About Body Worn Camera Footage? Contact Faraj Defence Lawyers Today

Body worn video cameras are a critical component of modern policing in NSW. Their use is governed by legislation and internal guidelines aimed at ensuring that officers act lawfully, transparently, and accountably. From gathering evidence to resolving disputes, BWV provides an objective record that supports both community safety and confidence in the legal system.

If you have further questions or need legal assistance, our team of Parramatta defence lawyers is available to help. Contact us for a free consultation.

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