Illegal Entry, Search and Seizure

Dear T Morgan

Freedom of Information Request Reference No: 2009060003582
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/06/2009. I note you seek
access to the following information:

* "Under the PACE Act 1984 Part 2 Powers of Entry, Search and Seizure -
a police constable can without a search warrant and following the
arrest of a person at a police station for an indictable offence,
enter and search the arrested persons home and seize property. An
indictable offence is one that can only be tried at the Crown Court
with a jury. A summary offence cannot be tried at the Crown Court. Can
I please have the following information:"
* " 1. Since Jan 2006 how many complaints have the MPS received and
how many where upheld that the entry and search of a persons home and
the seizure of their property by a police constable for a summary
offence - was illegal and that the persons human rights had been
violated. "
* " 2. What penalties if any, did the constables who carried out the
illegal violation of Entry, Search and Seizures without a warrant for
a summary offence receive when found guilty of breaking the law. "
* " 3. What remedies were provided to the victims? "

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 by email, quoting the reference number above.

Yours sincerely

Katie London
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 Morgan

Freedom of Information Act Request Reference No: 2009060003582
I write in connection with your request for information dated 10/06/2009
which was received by the Metropolitan Police Service (MPS) on 10/06/2009.
I note you seek access to the following information:

Under the PACE Act 1984 Part 2 Powers of Entry, Search and Seizure - a
police constable can without a search warrant and following the arrest of
a person at a police station for an indictable offence, enter and search
the arrested persons home and seize property. An indictable offence is one
that can only be tried at the Crown Court with a jury. A summary offence
cannot be tried at the Crown Court. Can I please have the following
information:
1. Since Jan 2006 how many complaints have the MPS received and how many
where upheld that the entry and search of a persons home and the seizure
of their property by a police constable for a summary offence - was
illegal and that the persons human rights had been violated.
2. What penalties if any, did the constables who carried out the illegal
violation of Entry, Search and Seizures without a warrant for a summary
offence receive when found guilty of breaking the law.
3. What remedies were provided to the victims?

I have been allocated your request and in order to conduct the necessary
searches in order assist you could you please confirm do you want
information in respect of Police Constables only or do you wish to receive
any information that may also be available in respect of other ranks?
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
10/09/2009 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 Carol Conway on telephone number 0207 230 5192 quoting the
reference number above.

Yours sincerely,

Carol Conway
Case 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 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 Morgan

I am writing to update you with the progress of your request. The proposed
response is currently with senior management for their agreement and once
I have received their permission I shall send it on to you.

I apologise for any inconvenience caused to you by the delay in providing
the response.

Yours sincerely

Carol Conway
DPS-FOIA Team

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Dear Mr Morgan

Freedom of Information Request Reference No: 2009060003582

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/06/2009. I note you seek
access to the following information:

Under the PACE Act 1984 Part 2 Powers of Entry, Search and Seizure - a
police constable can without a search warrant and following the arrest of
a person at a police station for an indictable offence, enter and search
the arrested persons home and seize property. An indictable offence is one
that can only be tried at the Crown Court with a jury. A summary offence
cannot be tried at the Crown Court. Can I please have the following
information:
1. Since Jan 2006 how many complaints have the MPS received and how many
where upheld that the entry and search of a persons home and the seizure
of their property by a police constable for a summary offence - was
illegal and that the persons human rights had been violated.
2. What penalties if any, did the constables who carried out the illegal
violation of Entry, Search and Seizures without a warrant for a summary
offence receive when found guilty of breaking the law.
3. What remedies were provided to the victims?

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Directorate of Professional Standards (DPS) and the Directorate of
Legal Services (DLS).

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

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

In respect of your request for:
1. Since Jan 2006 how many complaints have the MPS received and how many
where upheld that the entry and search of a persons home and the seizure
of their property by a police constable for a summary offence - was
illegal and that the persons human rights had been violated.

Please see the chart below which gives details of the number of
allegations received by the MPS in relation to 'Breach of Code B PACE on
searching of Premises and Seizure of Property'. Please note that a
complaint may contain several allegations therefore the number of
allegations will always be higher than the number of recorded complaints.

*For your information please see below the definitions of the results
which are not self-explanatory:

Dispensation - Where a force or a police authority considers that no
action should be taken about a complaint (this is before a local
resolution or an investigation has started) they must get IPCC agreement
for a dispensation. Grounds for dispensation are where:
More than 12 months have elapsed between the incident giving rise to the
complaint and the making of the complaint, and either that no good reason
for the delay has been shown or that injustice would be likely to be
caused by the delay.
The matter is already subject of a complaint.
It is not reasonably practical to ascertain name or address of a
complainant.
Complaint is vexatious, oppressive or otherwise an abuse of the procedures
for dealing with complaints.

Discontinuance - Where a force considers it is no longer practical to
continue with an investigation and is unable to conclude the investigation
they can apply to the IPCC for discontinuance on the following grounds: -
Non co-operation by complainant.
The complaint/conduct matter turns out to be vexatious, oppressive or an
abuse of procedure
The complaint/conduct matter turns out to be repetitious.
The complainant agrees to local resolution

Local Resolution - This is where the complaint is dealt with locally and
with the agreement of the complainant. It can be by way of Desktop - ie it
is dealt with at the relevant police station or borough, or Management -
ie it is dealt with by DPS.

Please see the chart below which shows the action taken against an officer
where the allegation was substantiated

In respect of your request for:
3. What remedies were provided to the victims?
The Directorate of Legal Services relies on Code B of PACE when dealing
with the issue of compensation. This states that "Whether compensation is
appropriate depends on the circumstances in each case. Compensation for
damage caused when effecting entry is unlikely to be appropriate if the
search was lawful, and the force used can be shown to be reasonable,
proportionate and necessary to effect entry."

The Directorate of Legal Services would not know the total number of
search warrants executed to gain entry to premises. It would only know
about cases where claims for compensation have been received. The
Directorate of Legal Services receives claims from a number of individuals
whose property, (or that of their tenant), has been subject to damage
through the execution of a search warrant. During the period 01/01/2006
to 30/06/2009 the Directorate of Legal Services received 1250 claims. Of
these 878 were not paid any compensation, 372 cases were paid out an
overall total of **353,960.77 and 63 cases remain open.

Where police are in possession of a warrant and entry is gained lawfully,
the MPS are not obliged to reinstate the property damaged even if nobody
is arrested or property seized. Unless there is evidence that the police
have been negligent in their actions it is not the policy to pay
compensation. Compensation for damage caused when effecting entry is
unlikely to be appropriate if the search was lawful and the force used can
be shown to be reasonable, proportionate and necessary to effect entry.
The MPS does not settle claims received from a landlord who's tenant has
been the subject of a warrant or investigation. Each claim submitted to
the Directorate of Legal Services is considered taking due regard to the
circumstances of the case.

For your further information you may find it useful to read the Code of
Conduct (see pages 8 - 9 of the Misconduct Investigation Guide) to which
all police officers employed by the MPS are expected to adhere. Further
information describing the procedures to be followed when investigating an
allegation of misconduct and the subsequent disciplinary procedures which
may be implemented if necessary can also be found within this document.

http://www.met.police.uk/foi/pdfs/other_...

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 Carol Conway on telephone number 0207 230 5192 quoting the
reference number above.

Yours sincerely

Carol Conway
Case 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 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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