Dear Mr Hughes,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 001160/09

I write in connection with your request for information dated 05/03/2009, which was received by Greater Manchester Police on 05/03/2009, for the following information:

I would be grateful if you could confirm the existence or non-existence of policy documents relating to the following issues (these would include memos sent from the CPS to the police and/or police generated documents):

Point 1. Suspects volunteering for interview at the police station.

Point 2. The use of bad character by interviewing officers in interview; - CLARIFICATION - During interview, interviewing officers often refer to a suspects bad character, that being a record of their previous convictions and/or dealings with the police. This should be adduced under the Criminal Justice Act 2003 at court however, police now routinely introduce this incorrectly to show evidence of propensity to commit similar offences to the one being investigated, or just because they want to show the suspect in a bad light. Because this happens routinely, there must have been some consideration of the law for police to adopt this as routine and therefore there must have been some guidance issued to police officers in order for this to happen.

Point 3. Removal of males from domestic settings after a domestic disturbance;

Point 4. Use of laptops and/or recording equipment including cameras by defence representatives; - CLARIFICATION - Home Office Circular 24/1998 permits defence representatives to record interviewing of suspects using their own recording equipment. However, I have previously been refused the right to use my laptop in making a record of the interview. Further, I have been refused the right to use my camera in the custody suite. Presumably this comes from Home Office guidance or police memos on the

subject. If not, then there is no right for the custody sergeant to refuse me the right to use my laptop, camera or any other recording equipment.

Following receipt of your request searches were conducted within Greater Manchester Police to locate information relevant to your request.

Result Of Searches

Point 1, 2, 3 & 4 does not constitute a valid Freedom of Information request as per s8 of the Freedom of Information Act and is therefore refused (you are not asking for information, 'just the existence or non-existence of a policy'. However, to comply with s16 of the Freedom of Information Act in providing assistance, I reply to the above points as follows:

Point 1. Information not held by Greater Manchester Police (GMP). However, records are not kept of persons who attend police stations voluntarily. The conduct of any `Interview' carried voluntarily or as a suspect is governed by the Police and Criminal Evidence Act 1984 (PACE). The Act is widely available to any member of the public via the Home Office website or bookstores.

Point 2. Information is not held by GMP. The evidence of a person's `bad character' is defined in the Criminal Justice Act 2003 as evidence of, or of a disposition toward, misconduct on his or her part. For further clarification, please see below link (chapter 1):

http://www.opsi.gov.uk/acts/acts2003/ukpga_20030044_en_1

Moreover, in GMP the introduction of `Evidence of Bad Character' during any interview with a suspect is governed by the National Policing Improvement Agency document entitled `Practice Advice On Evidence Of Bad Character' - 2^nd edition. This is a public document widely available from any number of sources.

Furthermore, current GMP training delivery informs officers/police staff investigators that when conducting any interview with a suspect and they wish to introduce evidence of bad character it should be: -

Relevant and proportionate

Relevant to the offence(s) for which the person is being interviewed about.

Point 3. Information not held by GMP. However, within our Domestic Abuse Policy document, under the Role Of The Police, it does state the following `and in many cases arresting the abuser is the most proportionate response'. However, this statement does not differentiate if it relates to a male or female.

Point 4. The requested information is exempt by virtue of s21 of the Freedom of Information Act 2000, which is an absolute exemption and relates to information that is accessible to the applicant by other means. The information can be retrieved via the following links:

http://www.nationalarchives.gov.uk/ERORecords/HO/421/2/cpd/pvu/hoc9824.htm

However, please note the above Home Office circular is in relation to `reducing delays: namely, addressing the reasons for non-compliance with the pre-trial issues; One of the identified reasons for delay related to the provision of a copy of the tape recording of the suspect's interview to their solicitor. The circular makes two suggestions in this matter.

Additionally, there is a duty of care, liability and personal safety issues in relation to property taken into any interview. All Custody Sergeants has a duty of care to the welfare and safety of any person who enters the Custody Suite environment. Apart from the obvious security implications there is no right or authority for anyone to be able to take photographs as and when they like of the interior of any Custody Suite.

Complaint Rights

Your attention is drawn to the attached sheet, which details your right of complaint.

Should you have any further inquiries concerning this matter, please write or contact me, on telephone number 0161 856 2528 quoting the reference number above.

Yours sincerely,

Corine Phipps

Information Access Team

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the decision is incorrect?

You have the right to require Greater Manchester Police to review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to telephone the case officer that is nominated at the end of your decision letter.

That person will be able to discuss the decision, explain any issues and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of Greater Manchester Police made under the Freedom of Information Act 2000 regarding access to information, you can lodge a complaint with Greater Manchester Police to have the decision reviewed.

Complaints should be made in writing and addressed to:

Freedom of Information Officer

Information Governance Unit, Information Management Branch

Greater Manchester Police

Police Headquarters

Chester House

Boyer Street

Manchester

M16 0RE

The Information Commissioner

After lodging a complaint with Greater Manchester Police if you are still dissatisfied with the decision you can make an application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.

For information on how to make an application to the Information Commissioner please visit their website at www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 01625 545 700

Corporate Performance Branch, Data Protection & Computer Audit Section, Police Headquarters,

8th Floor, Chester House, Boyer Street, Old Trafford, Manchester M16 0RE

Tel: 0161 856 2529, Fax: 0161 856 2534, Minicom: 0161 872 6633,

Email: [email address]

Information Governance Unit, Information Management Branch, Police Headquarters,

Chester House, Boyer Street, Manchester M16 0RE

Tel: 0161 856 2528/2529/2668, Fax: 0161 856 2535, Minicom: 0161 872 6633,

Email: [Greater Manchester Police request email]