5F Programmes Involving Criminal Activity : Filming with Criminals
[see Chapter 4B, Crime and Chapter 6F, Checklist for Programmes Involving and/or Concerning Crime ]
Programme-makers should proceed with extreme care when filming with criminals or when filming criminal activity generally and should always seek legal advice before filming takes place, unless particularly experienced in this area of filmmaking.
People may be willing to be filmed talking about crimes they have committed.Whilst this in itself is not problematic and programme- makers will not have committed any offence by simply receiving the information [but see 'Terrorism' at Chapter 5E above], there are a number of things to consider.
Firstly, the person admitting the criminal behaviour could be prosecuted after transmission and the film, including rushes, could be obtained by the police by a court order and used as evidence (see 'Journalistic Material' above at Chapter 5E above).
Programme-makers should ask themselves why the person is willing to talk on camera about their criminal activity. Do they understand the potential consequences? Are they simply boasting/do they have any reason to lie? Even if what the self-confessed criminal is saying is true, are they likely to deny it later anyway? Programme-makers should consider what possible effect this could have on the programme and generally.