Police commissioner ‘broke the law’ while trying to gain publicity off the back of Nick Knowles’ driving case because he posed for a photo within court precincts
- Martin Surl spoke to the BBC presenter outside Cheltenham Magistrates court
- Staff took photo of pair together after Mr Surl thanked him for admitting guilt
- Section 41 of Criminal Justice Act bans pictures being taken in court or precincts
A police and crime commissioner has been accused of breaking the law while trying to gain publicity by publishing a photo taken with Nick Knowles within court precincts after his driving ban.
Martin Surl spoke to the BBC presenter after he appeared at Cheltenham Magistrates court yesterday to thank him for not fighting charges against him for speeding.
He had admitted to doing 85mph in a 70mph zone while using his mobile phone, leading to a six-month driving ban.
Knowles was fined £666 for speeding and £666 for using his phone, with a victim surcharge of £66 and prosecution costs of £85.
While chatting to the former I’m A Celebrity… Get Me Out of Here! contestant on the balcony, one of Mr Surl’s staff members took a picture of the pair, which was used in a blog post.
Gloucestershire’s Police and Crime Commissioner Martin Surl has been accused of breaking the law while trying to gain publicity by publishing a photo taken of him and Nick Knowles on the court steps (pictured)
The steps could be considered part of court precincts, meaning the snap potentially in breach of Section 41 of the Criminal Justice Act 1925
The snap potentially broke Section 41 of the Criminal Justice Act 1925, which bans pictures from being taken inside the court, or its precincts, of which the steps may be a part.
A spokesperson for Cheltenham Magistrates Court confirmed the steps are considered to be part of the precincts of the court and photographs should not be taken by anyone within them.
Section 41 of the Criminal Justice Act 1925
(1)No person shall—
(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or
(b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;
and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.
(2) For the purposes of this section—
[F2(a) the expression ‘court’ means any court of justice (including the court of a coroner), apart from the Supreme Court;]
(b) the expression ‘Judge’ includes . . . F3, registrar, magistrate, justice and coroner:
(c) a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court–room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court–room or any such building or precincts as aforesaid.
While the member of Mr Surl’s staff may have broken the law by taking the picture, Mr Surl himself then published the snap in a blog post on his website, and then shared it on his Twitter account.
Mr Surl told Gloucestershire Live he was not there for a ‘photo opportunity’ and wanted to praise Knowles for admitting his guilt.
He said: ‘He was very apologetic and contrite when I spoke to him afterwards and fully acknowledged that what he did was dangerous and misguided.
‘He could have used his celebrity status to fight the charges. Instead, he accepted his punishment in the hope that the publicity would stop other drivers from making the same mistakes.
‘I thank him for his honesty and echo his sentiments.’
Mr Surl also told Gloucestershire live he had asked on-duty security for permission to take the snap.
Knowles had said in court that he hoped his fine would help more people understand that using a phone behind the wheel is dangerous and unacceptable.
He said: ‘I fully admit that what I did was wrong and the six month suspension and the fines are completely appropriate.
‘I expected nothing else as it’s against the law to handle a mobile phone while driving. I have worked with the police on many occasions and fully support them and the work they do.
‘I want more people to understand that using a mobile phone at the wheel can have devastating consequences and I hope being given the suspension and fine helps get the message across that it is dangerous and unacceptable.’
Gloucester councillor Jeremy Hilton slammed Mr Surl for the photo.
‘You would hope that as a former police superintendent and now the county’s police and crime commissioner, Mr Surl would know the law,’ he told Gloucestershire Live.
It is not known if Gloucestershire Police are investigating the photograph. They have been contacted for comment.
Gloucester councillor Jeremy Hilton slammed Mr Surl for the photo, saying: ‘You would hope that as a former police superintendent and now the county’s police and crime commissioner, Mr Surl would know the law’
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