Direct Communications Unit
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742
E-mail: [Home Office request email] Website: www.homeoffice.gov.uk
[FOI #11094 email]
Mr Ross Errington
Reference: T7363/9
Dear Mr Errington,
Thank you for your e-mail of 28 April 2:13:32 PM seeking copies of guidance issued to the police and RSPB in relation to search warrants.
I regret that as the majority of your questions relate to the powers of RSPB officials the Home Office is not able to respond fully to your questions. The Home Office does not lead on animal welfare matters, including the status and enforcement powers, if any, of animal welfare charities such as the RSPB, RSPCA etc. This is a matter for the Department for Environment, Food and Rural Affairs so you will need to send your enquiry to them at [email address].
What I can advise on is matters relating to the exercise of police powers under the Police and Criminal Evidence Act (PACE) 1984 and the accompanying Codes of Practice. These provide the core framework of investigative powers for the police including the execution of search warrants.
The Act can be found on the Ministry of Justice Statute Law database at http://www.statutelaw.gov.uk/Home.aspx. PACE Code B, which covers powers to search premises and seize property, can be accessed on the Home Office PACE Codes webpage at http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/pace-code-intro/.
Section 67(9) of PACE states that “Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of a [PACE] code.”
This duty is held by Joy v Federation against Copyright Theft Ltd [1993] Crim.L.R. 588 DC to apply to any type of legal duty whether imposed by statute, common law or by contract.
The duty only applies in so far as the provisions of the Codes are relevant. Not all investigating bodies have the same statutory powers or duties and section 67(9) of PACE does not confer statutory police powers onto other persons.
In terms of your specific questions:
1] Can the Royal Society for the Protection of Birds legally caution me? Please refer this question to DEFRA who lead on RSPB powers.
2] Can the Royal Society for the Protection of Birds legally swear out a search warrant at a magistrates Court under the Police and Criminal Evidence Act 1984 s15? Please refer this question to DEFRA who lead on RSPB powers.
3] Can the Royal Society for the Protection of Birds legally and actively search for evidence without the police next to them even if the RSPB are mentioned on a search warrant and after they have been told to leave by the land owner? I cannot advise on search warrants applied for and executed by RSPB officials. However, where the police apply for a search warrant paragraph 3.6(f) of PACE Code B states that the application must, if applicable, seek authorisation for other persons to accompany the officer who executes the warrant.
Under section 16 of PACE where a warrant authorises other person to accompany the officer executing the warrant the authorised persons have the same powers as the officer in terms of the execution of the warrant and seizure of anything to which the warrant relates. It also requires that such authorised persons may only exercise these powers in the company, and under the supervision of, a constable.
4] Can the Royal Society for the Protection of Birds legally search by themselves, without any police officer in site, someone property, given the fact that the RSPB are only on the premise to advice on what the police find? Please see the reply to question 3 with regards to search warrants applied for and executed by the police.
5] Can the Royal Society for the Protection of Birds legally take primary evidence and property from the person's home that is being searched straight to the RSPB Head Quarters or does all evidence have to be taken to a police station and stay at the police station involved in the raid where it can be seen and supervised while the evidence is investigated? Please refer this question to DEFRA who lead on RSPB powers. If property is seized under a warrant applied for and executed by the police it must be taken to the police station. PACE Code B provides further information on the framework for seizure, retention and return of property.
6] Can the Royal Society for the Protection of Birds legally help the police search someone's home via a search warrant that does not name them at all and they have been told to leave by the owner of the property as he is worried about the RSPB'S motives? Please see the reply to question 3.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the address below quoting reference 11982.
Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Email: [email address]
During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
I realise that this response may be a disappointment to you. However I would like to assure you that we do not hold the majority of the information that you asked for.
Yours sincerely,
Shanaz Khanche
Policing Powers and Protection Unit