Assault on member of the public by PC Stout QK 862

Dear Mr Johnson

Freedom of Information Request Reference No: 2012010002081
I write in connection with your request for information  which was
received by the Metropolitan Police Service (MPS) on 16/01/2012.  I note
you seek access to the following information:

"  This request is made in respect of matters arising from the content of
the article at:    
http://www.dailymail.co.uk/news/article-...
  and the video therein.

1. What is "IDCOPPLAN"? If it is a document, in addition to your    
precis, please provide a copy.

2. Has any complaint been made in respect of -     (i) the officer's
conduct;     (ii) the assault which the officer appears to have committed
on a  member of the public;

3. If so, what is the progress of the complaint?

4. In any case, as a result of bringing the article and video to     your
attention through this request, has the matter been referred  to, for
example, the Professional Standards Department for investigation? If not,
why not?

5. What statutory powers were (a) available to the officer, and (b)
attempted to be, or actually or purportedly exercised by PC Stout -    
(i) to stop the member of the public;     (ii) to issue a penalty notice;
    (iii) to threaten arrest;     (iv) to attempt arrest;     (v) to
strike at the member of the public;

6. What attempt was made to pursue or apprehend the member of the public?
If none, why not?

 In view of the serious nature of the matters to which this query
 relates, I would ask for your expediency.

     In view of the serious nature of the matters to which this query
     relates, I would ask for your expediency.
     
     Please note for the avoidance of doubt I am not the member of the
     public concerned."

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 FOIA Team on telephone number 02071613640 quoting the reference
number above.

Yours sincerely

Peter Deja
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

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Mr Johnson

Freedom of Information Request Reference No: 2012010002081

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 16/01/2012.  I note
you seek access to the following information:

·          This request is made in respect of matters arising from the
content of the article at:    
http://www.dailymail.co.uk/news/article-...
    and the video therein.

1. What is "IDCOPPLAN"? If it is a document, in addition to your precis,
please provide a copy.        

2. Has any complaint been made in respect of -    
(i) the officer's conduct;    
(ii) the assault which the officer appears to have committed on a member
of the public;        

3. If so, what is the progress of the complaint?        

 4. In any case, as a result of bringing the article and video to your
attention through this request, has the matter been referred to, for
example, the Professional Standards Department for investigation? If not,
why not?        

5. What statutory powers were
(a) available to the officer, and
(b) attempted to be, or actually or purportedly exercised by PC Stout -  
 
(i) to stop the member of the public;    
(ii) to issue a penalty notice;    
(iii) to threaten arrest;    
(iv) to attempt arrest;    
(v) to strike at the member of the public;        

6. What attempt was made to pursue or apprehend the member of the public?
If none, why not?        

In view of the serious nature of the matters to which this query relates,
I would ask for your expediency.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at The Directorate of Professional Standards

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to:

* disclose information with regard to questions 1, 2, 3, 4 and 5 in
full;
* fully exempt information with regard to question 6.

REASONS FOR DECISION

1. What is "IDCOPPLAN"? If it is a document, in addition to your
precis, please provide a copy.

'ID COP PLAN' is a mnemonic which has been created to aid officers to
remember the grounds they are required to have to believe it is
necessary to arrest under s.24(5) of The Police and Criminal Evidence
Act 1984.  It reads as follows:

I   = To allow prompt and effective investigation of the offence or of
the conduct of the person.
D = Disappearance will hinder prosecution.
C = Child/ vulnerable person at risk.
O = Obstruction of highway.
P = Physical injury to the person or by the person to others or
themselves.
P = Public decency offences.
L = Loss/damage to property caused by the person.
A = Address not known, can't be ascertained or is doubted.
N = Name not known, can't  be ascertained or is doubted.

This 'aide memoir' is not in a written document in itself.  

2. Has any complaint been made in respect of -    
(i) the officer's conduct;    
(ii) the assault which the officer appears to have committed on a
member of the public;        

3. If so, what is the progress of the complaint?

With regard to questions 2 & 3 there was no complaint made against PC
Stout as a result of this incident.        

 4. In any case, as a result of bringing the article and video to your
attention through this request, has the matter been referred to, for
example, the Professional Standards Department for investigation? If
not, why not?        

 With regard to the incident in question,  the MPS stated at the
time:-

"We were first made aware of this video in June 2011 when the incident
was published on YouTube and the officer concerned received advice
with regards to use of the Road Traffic Act.   The cyclist concerned
was later spoken to about this matter.   The officer was right to stop
the cyclist and we would like to remind all cyclists of the dangers of
not stopping when a red light is shown at traffic lights."

5. What statutory powers were
(a) available to the officer, and
(b) attempted to be, or actually or purportedly exercised by PC Stout
-    
(i) to stop the member of the public;    
(ii) to issue a penalty notice;    
(iii) to threaten arrest;    
(iv) to attempt arrest;    
(v) to strike at the member of the public;  

All police officers are provided with powers of arrest for all
offences under S24 of the Police and Criminal Evidence Act 1984.
In order to assist you I have provided the web site link to the Police
and Criminal Evidence Act 1984 below.    

www.legislation.gov.uk/ukpga/1984/60/con...

6. What attempt was made to pursue or apprehend the member of the
public? If none, why not?

Section 17 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.

Please find explanation below of the exemption relied upon under the
Act.

Section 40 (5) - Personal Information.

A Freedom of Information Act request is not a private transaction.
 Both the request itself and any information disclosed are considered
suitable for open publication. This is because, under Freedom of
Information, any information disclosed is released into the wider
public domain, effectively to the world, not just to one individual.

To confirm or deny whether personal information exists in response to
your request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to
persons under the Data Protection Act 1998. When confirming or denying
that information is held would breach an individual's rights under the
Data Protection Act 1998, Section 40(5) becomes an absolute exemption,
and there is no requirement for me to provide evidence of the
prejudice that would occur, or to conduct a public interest test.

This response is a refusal under Section 17(1) of the Act and does not
confirm whether any information does or does not exist.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached
paper entitled Complaint Rights which explains how to make a
complaint.  

Should you have any further enquiries concerning this matter, please
contact me on 02071616511 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Margaret Bunker
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

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).