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To Merseyside Police by Paul Kersey 19 September 2010

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Cannabis possession

Paul Kersey made this Freedom of Information request to Merseyside Police

The request was partially successful.

From: Paul Kersey

3 August 2010

Dear Merseyside Police,

1) How many people in Huyton were stopped by Police and found to be
in possession of a small amount of cannabis between May and Dec
2009?

2) How many of those were arrested for being in posession of
cannabis?

3) How many of those subsequently had their homes searched as a
result of this?

Yours faithfully,

Mr Paul Kersey

Link to this

Merseyside Police

4 August 2010

Dear Mr Kersey

Reference No : CD82/10

Thank you for your application for information concerning stop searches / arrests for cannabis and offenders who had their homes searched. This
will be dealt with under the terms of the Freedom of Information Act 2000.

Your request will now be considered and 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 nor containing a reference to a third party. In the event that we are not able to achieve this deadline you
will be informed at the earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this is the case you will be
informed and the 20 working day timescale will be suspended until we receive payment from you.

Some requests may also require either full or partial transfer 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.

Yours sincerely,

Mr C Dewhurst
Disclosure Analyst
Information Bureau
Merseyside Police
PO Box 59, Liverpool. L69 1JD
Telephone: 0151 777 7023
Fax: 0151 777 7095
Email : [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

Merseyside Police

5 August 2010

Dear Mr Kersey,

I write in connection with your application for information which was
received by Merseyside Police on 04/08/10. I note that you seek access to
the following information:

(Paraphrased) Information Re Cannabis Arrests/Searches

This is to inform you that I can not identify any specific records /
documents that will satisfy your request based on the details you have
provided. To enable Merseyside Police to meet your request could you please
provide this office with further information. I provide some guidance that
may assist you more clearly to describe the information you require:

Please can you define which specific areas you are referring to by
"Huyton".
Please can you define "a small amount of cannabis".

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory time scale of
20 working days as defined by the Freedom of Information Act 2000, subject
to the information not being exempt or containing reference to a third
party.

However, if the requested information has not been received by one month
after the above date, I will consider that you no longer wish to proceed
with this request and it will be treated as withdrawn.

There may be a fee payable for the retrieval, collection and provision of
the information you request. If this is the case you will be informed and
the 20 working day time scale will be suspended until we receive the
payment from you. If you chose not to make a payment then your request will
remain unanswered.

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO BOX 59
LIVERPOOL
L69 1JD

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

From: Paul Kersey

5 August 2010

Dear Merseyside Police,

The specific areas I refer to as "Huyton" would be within the
political wards of Page Moss, Roby, St Michaels, St Gabriels,
Longview and Stockbridge.

I would define a small amount of cannabis as being of £20 worth in
value or less.

Yours faithfully,

Paul Kersey

Link to this

From: Paul Kersey

10 August 2010

Dear Merseyside Police,

I recieved an email from you today requesting clarification. I sent
you further information on the 5th Aug as stated above.

Yours faithfully,

Paul Kersey

Link to this

Merseyside Police

13 August 2010


Attachment Complaints info.doc
23K Download View as HTML


Dear Mr Kersey,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: CD82/10

I write in connection with your request for information dated 03/08/10
which was received by Merseyside Police on 04/08/10. I note you seek access
to the following information:

Information Re Stop/Searches, Arrests & House Searches Re Cannabis

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is NOT held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within the Information Bureau.

Result of searches
The searches located no records relevant to your request.

Decision
There is no information held therefore no information available to
disclose. Please find attached a table further outlining my response.

Complaint Rights
Your attention is drawn to the attachment, which details your right of
complaint.
(See attached file: Complaints info.doc)

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO Box 59
Liverpool
L69 1JD
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

Merseyside Police

13 August 2010


Attachment Response Table CD82 10.doc
77K Download View as HTML

Attachment Complaints info.doc
23K Download View as HTML


Dear Mr Kersey,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: CD82/10

I write in connection with your request for information dated 03/08/10
which was received by Merseyside Police on 04/08/10. I note you seek access
to the following information:

Information Re Stop/Searches, Arrests & House Searches Re Cannabis

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is NOT held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within the Information Bureau.

Result of searches
The searches located no records relevant to your request.

Decision
There is no information held therefore no information available to
disclose. Please find attached a table further outlining my response.

(See attached file: Response Table CD82-10.doc)

Complaint Rights
Your attention is drawn to the attachment, which details your right of
complaint.
(See attached file: Complaints info.doc)

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO Box 59
Liverpool
L69 1JD
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

From: Paul Kersey

14 August 2010

Dear Merseyside Police,

Are you being purposely pedantic?, let me rephrase my request.

1) How many people were cautioned, given an FPN or arrested for
possession of a small amount of cannabis, in the area I specified
between May and Dec 2009?

2)How many of those were cautioned?

3)How many of those were given an FPN?

4)How many of those were arrested?

5)How many of those had their homes searched?

Yours faithfully,

Paul Kersey

Link to this

Merseyside Police

16 August 2010

Dear Mr Kersey,

Reference No : CD84/10 (please quote in all correspondence)

Thank you for your application for information dated 14/08/10, received by Merseyside Police on 16/08/10. I note that your are
seeking information relating to:

(paraphrased) : Arrests/FPN/Cautions/House Searches Re Possession Of A Small Amount Of Cannabis

Your request will be dealt with under the terms of the Freedom of Information Act 2000 and will now be considered. You will receive
a response within the statutory time-scale of 20 working days as defined by the Act, subject to the information not being exempt nor
containing a reference to a third party. In the event that we are not able to achieve this deadline you will be informed at the
earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this is the case you
will be informed and the 20 working day time scale will be suspended until we receive payment from you.

Some requests may also require either full or partial transfer 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.

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO Box 59,
LIVERPOOL L69 1JD
Fax: 0151 777 7099
Email : [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

Merseyside Police

19 August 2010


Attachment Response Table CD84 10.doc
78K Download View as HTML

Attachment Complaints info.doc
23K Download View as HTML


Dear Mr Kersey,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: CD84/10

I write in connection with your request for information dated 14/08/10
which was received by Merseyside Police on 14/08/10. I note you seek access
to the following information:

Information Re Persons Arrested,Cautioned or Issued With a FPN For
Possession Of A Small Amount Of Cannabis

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is NOT held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within C Division.

Result of searches
The searches located no records relevant to your request.

Decision
There is no information held therefore no information available to
disclose. Please find attached a table outlining my response in greater
detail.

(See attached file: Response Table CD84-10.doc)

Complaint Rights
Your attention is drawn to the attachment, which details your right of
complaint.

(See attached file: Complaints info.doc)

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO Box 59
Liverpool
L69 1JD
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

From: Paul Kersey

19 August 2010

Dear Merseyside Police

Please can you revaluate my request using the words "for possession
of cannabis where the amount of cannabis seized is not specified"
in replacement of the words "for possession of a small amount of
cannabis"

Thank You

Yours faithfully,

Paul Kersey

Link to this

Merseyside Police

20 August 2010

Dear Mr Kersey,

Reference No : CD86/10 (please quote in all correspondence)

Thank you for your application for information dated 19/08/10, received by Merseyside Police on 20/08/10. I note that your are
seeking information relating to:

(paraphrased) : Information Re Persons Arrested, Cautioned Or Issued With An FPN For Possession Of Cannabis

Your request will be dealt with under the terms of the Freedom of Information Act 2000 and will now be considered. You will receive
a response within the statutory time-scale of 20 working days as defined by the Act, subject to the information not being exempt nor
containing a reference to a third party. In the event that we are not able to achieve this deadline you will be informed at the
earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this is the case you
will be informed and the 20 working day time scale will be suspended until we receive payment from you.

Some requests may also require either full or partial transfer 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.

Yours faithfully,

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO Box 59,
LIVERPOOL L69 1JD
Fax: 0151 777 7099
Email : [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Link to this

Merseyside Police

2 September 2010


Attachment Response Table CD86 10.doc
82K Download View as HTML


Response - FOIA Application - CD86/10 (please quote in all correspondence)

I write in connection with your request for information dated, 14/08/10,
which was received by Merseyside Police on14/08/10. I note that you seek
access to the following information:

(paraphrased) : Information Re Cautions,Arrests & FPN`s for Possession Of
Cannabis

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

Extent of searches to locate information.

To locate the information relevant to your request, searches were conducted
in C Division.

Result of searches.

The searches located a number of records relevant to your request.

Decision.

I have today decided to:

Disclose information related to your requests numbered 1,2,3 & 4 in full;
Fully exempt information related to your request number 5 pursuant to the
provisions of Section 12 Time/Cost of the Freedom of Information Act 2000;

Your request for information, in relation to Q5, has been considered and I
am not obliged to supply the information that you have requested.

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you the applicant with a notice which:
(a) states that fact,
(b) specifies the exemption(s) in question and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Due to the way in which the information is held, the cost of retrieving the
information requested in question 5 is exempt information per Section 12
Time/Cost of the Act.

Please find attached information relating to your request in the schedule
below.
(See attached file: Response Table CD86-10.doc)

Making a complaint or an appeal

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

Should you have any further inquiries concerning this matter, please write
or e-mail me, on the below address, quoting the reference number above.

Yours faithfully

Carl Dewhurst
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

show quoted sections

Link to this

From: Paul Kersey

2 September 2010

Dear Merseyside Police,

On the basis that the Police treat everyone equally, and therefore
there would be a valid reason, applicable in every case, as to why
a person arrested for cannabis possession would subsequently have
their homes searched after arrest.

Are you telling me, based on your answer to my request, that not
everyone who is arrested for cannabis possession has their home
searched?

If so, what would be the reason why someone may or may not have
their homes searched after arrest for possession of cannabis.

Yours faithfully,

Paul Kersey

Link to this

From: Paul Kersey

2 September 2010

Dear Merseyside Police,

Would it be easier if I rephrased the request.

How many properties searched in C2 between May 2009 and Dec 2009,
were searched because of an arrest for possession of cannabis.

I'm sure the Police have a better database than Microsoft Access,
which could probably access the requested information in a matter
of minutes.

Yours faithfully,

Paul Kersey

Link to this

Merseyside Police

2 September 2010

Dear Mr. Kersey,

I respond to your additional questions as follows.

Q1 - Are you telling me, based on your answer to my request, that not
everyone who is arrested for cannabis possession has their home searched?
A2 - to clarify this, the responses provided in the FOI response reference
CD86/10 does not address the issue of the numbers of house searches
following arrests for cannabis nor whether everyone arrested in such
circumstances is subject of a house search. The request numbered 5 may have
provided an indication of such but unfortanately is not retrievable within
cost/time and has been exempted.

Q2 - If so, what would be the reason why someone may or may not have their
homes searched after arrest for possession of cannabis.
A2 - It may be of assistance to you to view section 18 of the Police and
Criminal Evidence Act 1984. It deals with searches after arrest and the
reasonable grounds that must exist that there is on the premises evidence
that relate to that offence or another indictable offence. It may also
provide further information about Q1 above.

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

For the avoidance of doubt, this response is for clarification of a
previous FOI response (CD86/10) at Q1. The response to Q2 is for assistance
only and is outside the FOI regime. It is doubtful that the request at Q2
is a legitimate FOI request. The reasons for a search or for no search are
case by case decisions.

Yours sincerely,

Graham Thomas
Disclosure Manager

Paul Kersey
<request-43575-
90b0db88@whatdo To
theyknow.com> [email address]
ice.uk
02/09/2010 cc
12:12
Subject
Re: Response Re FOI Request CD86/10
Cannabis Arrests - [Not Protectively
Marked]

Dear Merseyside Police,

On the basis that the Police treat everyone equally, and therefore
there would be a valid reason, applicable in every case, as to why
a person arrested for cannabis possession would subsequently have
their homes searched after arrest.

Are you telling me, based on your answer to my request, that not
everyone who is arrested for cannabis possession has their home
searched?

If so, what would be the reason why someone may or may not have
their homes searched after arrest for possession of cannabis.

Yours faithfully,

Paul Kersey

show quoted sections

Link to this

Merseyside Police

2 September 2010


Attachment Complaints info.doc
23K Download View as HTML


Mr Kersey,
Unfortunately we are unable to retrieve the information you
require without a lengthy manual search which would, as stated in my
previous response exceed the time/cost limits stipulated by the Act. If you
are unhappy with this response please find attached your rights of
complaint and contact details for the Information Commissioner.

(See attached file: Complaints info.doc)

Carl Dewhurst
Disclosure Analyst
Merseyside Police

Paul Kersey
<request-43575-90
b0db88@whatdothey To
know.com> FOI requests at Merseyside Police
<[Merseyside Police request email]>
02/09/2010 14:06 cc

Subject
Re: Freedom of Information request
- Cannabis possession

Dear Merseyside Police,

Would it be easier if I rephrased the request.

How many properties searched in C2 between May 2009 and Dec 2009,
were searched because of an arrest for possession of cannabis.

I'm sure the Police have a better database than Microsoft Access,
which could probably access the requested information in a matter
of minutes.

Yours faithfully,

Paul Kersey

show quoted sections

Link to this

steph left an annotation (13 March 2012)

Acts are not Law
statutes are ONLY given the force of law through consent

Link to this

Things to do with this request

Anyone:
Merseyside Police only: