Arrest requests

Dear Mr. Purdy

Freedom of Information Request Reference No: 2010050002621
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 17/05/2010. I note you seek
access to the following information:

"Can you please provide any MPS policy or procedures in relation to a
decision to make an arrest in the process of an investigation.
How are these requests administered, recorded and allocated? "

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
contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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 Purdy

Freedom of Information Act Request Reference No: 2010050002621
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 17/05/2010. I note you seek
access to the following information:

· Can you please provide any MPS policy or procedures in relation
to a decision to make an arrest in the process of an investigation.
How are these requests administered, recorded and allocated?

This is to inform you that it has not been possible to answer this request
as the question requires re-definition by yourself. To enable the MPS to
meet your request could you please provide this office with further
information.

Details around arrests are covered by the Police and Criminal Evidence Act
1984 (PACE) Code of Practice C, which sets out the requirements for the
detention, treatment and questioning of people in police custody by police
officers and Section 24 PACE which covers arrest without warrant for
arrestable offences. Please refer to the below links for the relevant
extracts of the legislation.

http://www.statutelaw.gov.uk/content.asp...

http://webarchive.nationalarchives.gov.u...(final).html

PACE is a legislative framework which governs the powers of police
officers and as such all MPS policies and SOP's instruct police officers
to act in accordance with the legislation with regard to arrests. I have
included an extract from the MPS Primary Investigation of Crime SOP below
as an example which highlights this.

"Make Arrest(s)

Where grounds exist, arrests should be made in accordance with Section 24
Police and Criminal Evidence Act."

I trust that this response covers your request, however should you require
any further information on MPS policies and procedures around this subject
area, I would be happy to assist.

To enable the MPS to meet your request could you please provide this
office with further information as detailed above. After receiving your
reply, your request will then be considered and you will receive the
information requested within the statutory timescale of 20 working days.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
20th August 2010 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

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 Deborah Solomon on telephone number 07917 627 475 quoting the
reference number above.

Yours sincerely,

Deborah Solomon
Information Manager
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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. Purdy

Freedom of Information Request Reference No: 2010050002621

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 17/05/2010. I note you seek
access to the following information:

* Can you please provide any MPS policy or procedures in relation to a
decision to make an arrest in the process of an investigation. How
are these requests administered, recorded and allocated?

This was redefined on 20 May 2010 to read as follows:

* Can you please provide any MPS policy or procedures in relation to a
decision to make an arrest in the process of an investigation. How are
these requests administered, recorded and allocated? i.e. does the
investigating officer just get up from their desk and toddle off to
make an arrest, or is there actions they conduct following internal
process and procedure. To clarify, i am not talking about arrests
made on the spur of the moment, but those following an initial
investigation

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were
conducted at Territorial Policing Headquarters - Policy Unit.

RESULT OF SEARCHES

The searches located some information relevant to your request.

DECISION

I have today decided to disclose the located information to you in
full.

The following are paragraphs from the Primary and Secondary
Investigation of Crime Standard Operating Procedures (SOP) dealing
with arrest plans:

Primary Investigation of Crime SOP

Make Arrest(s)
Where grounds exist, arrests should be made in accordance with Section
24 Police and Criminal Evidence Act (PACE).

Secondary Investigation of Crime SOP

Formulate Arrest Plan
Where it is decided that a suspect is to be arrested a plan should be
drawn up that will ensure the following:
* Grounds to arrest the suspect exists. See Section 24 Police
and Criminal Evidence Act.
* A full risk assessment is carried out
* Appropriate measures and resources are used to alleviate
identified risks to the safety of police and public

There is no specific policy or SOP within TP Emerald regarding
administering, recording and allocation - however, arrests are
'allocated' i.e. they are undertaken by the investigating officers
unless specialist arrest teams are required (i.e. armed assistance,
TSG or dog units). Specialist help would be called in to assist as a
response to specific risk assessments made when planning the arrest.
A custody record (on NSPIS) is opened for everyone arrested as all
arrested persons have to have their detention authorised by the
custody officer (in accordance with PACE). The arresting officer will
usually complete an Evidence and Actions Book (which is effectively
the officer's notebook for that case) which will contain the
circumstances of the arrest and the necessity for that arrest. When
an EAB is not completed the officer should complete an MG11 instead.
This paperwork should be attached to the case papers.

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 Deborah Solomon on telephone number 07917 627 475
quoting the reference number above.

Yours sincerely

Deborah Solomon
Information Manager
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information,
the Metropolitan Police Service will not breach the Copyright, Designs
and Patents Act 1988. However, the rights of the copyright owner of
the enclosed information will continue to be protected by law.
Applications for the copyright owner's written permission to
reproduce any part of the attached information should be addressed to
MPS Directorate of Legal Services, 1st Floor (Victoria Block), New
Scotland Yard, Victoria, London, SW1H 0BG.
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, within forty (40) working days
from the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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 Purdy

Freedom of Information Request Reference No: 2010050004389

I write in connection with your letter dated 25 May 2010 requesting that
the Metropolitan Police Service (MPS) review its response to your request
for information relating to:

* FOIA original case number 2010050002621.

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 23 June 2010.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

S. Strong
FOIA Policy Research & Complaints 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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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

Dear Mr Purdy,

Freedom of Information Request Reference No: 2010050002621

Further to our email of 27th May 2010, I am now able to provide a response
to your complaint dated 25th May 2010 concerning:

* Complaint regarding: 2010050002621

ORIGINAL REQUEST

Can you please provide any MPS policy or procedures in relation to a
decision to make an arrest in the process of an investigation?
How are these requests administered, recorded and allocated?

On 20th May this was redefined to:

Can you please provide any MPS policy or procedures in relation to a
decision to make an arrest in the process of an investigation. How are
these requests administered, recorded and allocated?
i.e. does the investigating officer just get up from their desk and toddle
off to make an arrest. or is there actions they conduct following internal
process and procedure.
to clarify, i am not talking about arrests made on the spur of the
moment, but those following an initial investigation

YOUR COMPLAINT

I am writing to request an internal review of Metropolitan Police Service
(MPS)'s handling of my FOI request 'Arrest requests'.
You have not provided the policy documents, merely typed the content to
the reply. I have requested the document and procedure reference numbers
etc

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Uphold the original decision

REASON FOR DECISION

Following your request for a review of the original decision I have
reviewed this matter I agree with the previous information manager's
decision and it is my opinion that the information provided to you by Ms
Solomon was sufficient to answer the request.

You have not provided the policy documents, merely typed the content to
the reply. I have requested the document and procedure reference numbers
etc

Without repeating the original response word for word I would like to
point out part of the wording of the email that was sent to you on 25th
May 2010.

"There is no specific policy or SOP within TP Emerald regarding
administering, recording and allocation - however, arrests are `allocated'
i.e. they are undertaken by the investigating officers unless specialist
arrest teams are required (i.e. armed assistance, TSG or dog units).
Specialist help would be called in to assist as a response to specific
risk assessments made when planning the arrest."

As explained to you there is no specific policy or SOP that covers your
request for information, therefore there are no attachments to provide
you.

However, it is important to note that the Act provides a right to
"information" rather than to documents or records. Ms Solomon has
explained in detail that no policy or procedure that specifically relates
to the information requested and that guidance and procedures come from
varying sources such as PACE and Investigation SOPs (which cover the
entire investigation not just arrest).

Therefore it is my opinion that it was reasonable to provide you with a
summarised version of information that is recorded in these policies and
the MPS have fulfilled their obligation to communicate the information
requested as required by Section 1(1b).

Your original request did not ask for "reference numbers" therefore I see
no reason why Ms Solomon would have referred to this in her response.

Prior to sending you the final response Ms Solomon also sent you a request
for further information on 20th May 2010 where she included details
regarding PACE and where to access that piece of legislation which
provides assistance as specified by Section 16.

The original request was sent to you within 20 working days of receipt and
did not breach Section 10(1) of the act .

Legal Appendix

1 General right of access to information held by public authorities

(1) Any person making a request for information to a public authority is
entitled--

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him.

(2) Subsection (1) has effect subject to the following provisions of this
section and to the provisions of sections 2, 9, 12 and 14.

(3) Where a public authority--

(a) reasonably requires further information in order to identify and
locate the information requested, and

(b) has informed the applicant of that requirement,

the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.

(4) The information--

(a) in respect of which the applicant is to be informed under subsection
(1)(a), or

(b) which is to be communicated under subsection (1)(b),

is the information in question held at the time when the request is
received, except that account may be taken of any amendment or deletion
made between that time and the time when the information is to be
communicated under subsection (1)(b), being an amendment or deletion that
would have been made regardless of the receipt of the request.

(5) A public authority is to be taken to have complied with subsection
(1)(a) in relation to any information if it has communicated the
information to the applicant in accordance with subsection (1)(b).

(6) In this Act, the duty of a public authority to comply with subsection
(1)(a) is referred to as "the duty to confirm or deny".

10 Time for compliance with request

(1) Subject to subsections (2) and (3), a public authority must comply
with section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.

(2) Where the authority has given a fees notice to the applicant and the
fee is paid in accordance with section 9(2), the working days in the
period beginning with the day on which the fees notice is given to the
applicant and ending with the day on which the fee is received by the
authority are to be disregarded in calculating for the purposes of
subsection (1) the twentieth working day following the date of receipt.

(3) If, and to the extent that--

(a) section 1(1)(a) would not apply if the condition in section 2(1)(b)
were satisfied, or

(b) section 1(1)(b) would not apply if the condition in section 2(2)(b)
were satisfied,

the public authority need not comply with section 1(1)(a) or (b) until
such time as is reasonable in the circumstances; but this subsection does
not affect the time by which any notice under section 17(1) must be given.

(4) The Secretary of State may by regulations provide that subsections (1)
and (2) are to have effect as if any reference to the twentieth working
day following the date of receipt were a reference to such other day, not
later than the sixtieth working day following the date of receipt, as may
be specified in, or determined in accordance with, the regulations.

(5) Regulations under subsection (4) may--

(a) prescribe different days in relation to different cases, and

(b) confer a discretion on the Commissioner.

(6) In this section--

"the date of receipt" means--

(a) the day on which the public authority receives the request for
information, or
(b) if later, the day on which it receives the information referred to in
section 1(3);
working day" means any day other than a Saturday, a Sunday, Christmas Day,
Good Friday or a day which is a bank holiday under the [1971 c. 80.]
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

16 Duty to provide advice and assistance

(1) It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for information
to it.

(2) Any public authority which, in relation to the provision of advice or
assistance in any case, conforms with the code of practice under section
45 is to be taken to comply with the duty imposed by subsection (1) in
relation to that case.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Yours sincerely

Julia Wharton
FOI Coordinator & Review Officer

COMPLAINT RIGHTS

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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