Data subject access request application

Data Protection Act 1998

These notes explain how you can find out what information, if any, is held about you by the Crown Prosecution Service.

Your rights

Subject to certain exemptions, you have a right to be told if any information is held about you and a right to a copy of that information. The Service will only give that information if we are satisfied as to your identity.

We may not give you information if another person can be identified from it unless that person agrees.

The Crown Prosecution Service's rights

The Service may deny access to information where the Act allows. The main exemptions in relation to information held by the Service are where the information is held for:

The prevention or detection of crime

The apprehension or prosecution of offenders

and giving you such information could prejudice any of these purposes.

Disclosure

If you were a witness or victim in a case, we will provide you with a copy of your statement free of charge.

If you were a defendant in a case and wish to obtain a copy of the papers that were served as part of criminal proceedings you should, in the first instance, approach the solicitors who acted for you. Solicitors are required to keep case papers for many years after the conclusion of proceedings. However, if enough time has passed that the solicitors no longer retain the case papers, please contact the CPS office who dealt with your case. Once proof of identity has been provided, a set of papers will be supplied by the relevant CPS office outside of the Data Protection remit, free of charge.

If you believe that the CPS may hold further data about you, then a data subject access request application can be submitted to the address stated at the end of this form, with an attached fee and proof of identity. You should be aware that the CPS observes the principles in Durant v Financial Services Authority [2003] EWCA Civ 1746, Court of Appeal (civil Division) particularly when relating to the definition of personal data. This means you will only receive such data that has you as its focus from a case file. Just because your name appears in a file does not make that document your personal data to which you are entitled to under the Data protection Act. You will not receive data about other people, and may not receive the whole of the case file under the legislation. In addition, exemptions may, on a case by case basis, apply.

Fee

The CPS charges a fee of £10 for responding to subject access requests. Please make cheques/postal orders payable to `Crown Prosecution Service'. Please note the CPS does not accept the Euro or oversees postal orders, and does not recommend sending cash by post.

Proof of identity

Section 1 of the enclosed form asks you for information to confirm your identity, because the Service needs to ensure that data it holds is secure and must be sure that you are who you say you are.

Section 3 asks you to provide evidence of your identity by producing documents with your application. Photocopies are acceptable.

Section 1 - About yourself

The information requested below is to help the CPS (a) satisfy ourselves as to your identity and (b) find any data about you if it exists.

Surname:

Title:

Forename(s):

Maiden/former name (where applicable):

Sex (please tick):

Male

Female

Date of birth:

Place of birth: Town

County:

Current Address:

Section 2 - Information required

Please provide as much of the following information as possible.

Were you (tick as appropriate):

A defendant in any criminal case(s)*

A witness in any criminal case(s)*

Other (please specify below):

Name of defendant (if not you):

The offence(s) that the defendant was prosecuted for:


Name of Police Station:

Name of the CPS office that dealt with the case:

Name of Magistrates' Court:

Name of Crown Court:

The approximate date when the case was last in court:
* If there is more than one case please use Section 2 from another copy of the form.
Any other information that you can provide:

Section 3 - Proof of identity

To help establish your identity your application form must be accompanied by copies of TWO official documents which between them clearly show:

Your name

Date of birth

Current address

For example a photocopy of a driving licence, birth/adoption certificate, passport and any other official document which shows your name and address.

Declaration - To be signed by the applicant

The information which I have supplied in this application is correct and I am the person to whom it relates

Signature:

Date:

Warning

A person who impersonates or attempts to impersonate another may be guilty of an offence.

Please send completed forms to:

The Data Protection Officer

Crown Prosecution Service

50 Ludgate Hill

London

EC4M 7EX

General advice on the Data Protection Act 1998 can be obtained from:

The Information Commissioner

Wycliffe House

Walter Lane

Wilmslow

Cheshire

SK9 5AF

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DATA SUBJECT ACCESS REQUEST APPLICATION

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