Arrest guidelines

Dear Mr Andrews,

Freedom of Information Request Reference No: 2009040004975
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 20/04/2009. I note
you seek access to the following information:

"Please can you provide any information the Metropolitan Police has
related to 'arrest guidelines' or 'good practice' when contemplating
arrest(s) ."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

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

Should you have any further enquiries concerning this matter, please write
or contact KSimmons via the e-mail address at the top of this letter,
quoting the reference number above.

Yours sincerely

KSimmons
Policy and Support Officer
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 the Metropolitan Police Service (MPS) 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
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make 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 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

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Dear Mr Andrews

Freedom of Information Request Reference No: 2009040004975

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 20/04/2009. I note you seek
access to the following information:

** Please can you provide any information the Metropolitan Police
has related to 'arrest guidelines' or 'good practice' when
contemplating arrest(s)

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request. I can confirm that the
information you have requested is held by the MPS.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at TPHQ - Policy Unit and HR1 Strategy.

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

Pursuant to the provisions of Section 21 of the Freedom of Information Act
2000 (the Act) I have decided to refuse access to the information you have
requested.

REASON FOR DECISION

Section 17 (1) of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 21 of the Act provides:

(1) Information which is reasonably accessible to the application
otherwise than under section 1 is exempt information***

(3) For the purposes of subsection (1), information which is held
by a public authority and does not fall within subsection (2)(b) is not to
be regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority***s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

The information you have requested can be located from the Home Office
website. To obtain the information please access the Police and Criminal
Evidence Act 1984 (PACE) and accompanying Codes of Practice. Section G
refers to powers of arrest under section 24 the Police and Criminal
Evidence Act 1984 as amended by section 110 of the Serious Organised Crime
and Police Act 2005.

I have provided the link below to assist you in locating the information:

http://police.homeoffice.gov.uk/operatio...

Officers should conduct a risk assessment of both the suspect and the
situation before making an arrest, with a view to minimising the risk to
those involved and other members of the general public.

COMPLAINT RIGHTS

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

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further enquiries concerning this matter, please write
to Dheyan Khan quoting the reference number above.

Yours sincerely

Alan Thomson
Policy Unit
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 the Metropolitan Police Service (MPS) 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
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make 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 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

show quoted sections