Information request to the Hexham MP.
A Freedom of Information request to Office of the Leader of the House of Commons by Derek Canning LLB [HONS]
Waiting for an internal review by Office of the Leader of the House of Commons of their handling of this request.
Derek Canning LLB [HONS]
12 June 2009
Dear Sir or Madam,
Dear CPS, Home Office, IPCC, Minister Justice and Northumbria
Police
Reference: Information request in relation to which organ of the
government is responsible for supplying the information in relation
my questions below, who sets the powers of the RSPB and who is
responsible to control and oversee the powers of the RSPB?. The
responsibility is being passed about like a hot potato.
Which organ [servants of the people] of the democratically elected
government is responsible for the issues below?
1] Supplying the information in relation to my questions below?
2] Who sets the powers of the RSPB?
3] Who is responsible to control and oversee the powers of the
RSPB?
4] Who do I supply the information in relation to bogus information
being used to get search warrant so the matter can be investigated?
The police are ignoring our letters and the IPCC are allowing the
police not to investigate with the only justification that it has
taken too long to complaint. Given that it is the police, RSPB and
others external bodies to use that are causing the delay by
withhold evidence how can it be justified to say our serious
complaints in relation to a national conspiracy to pervert the
course of justice cannot be investigated as we the victims have
waited too long. Interestingly no one in thirteen year has said
that any element of our complaint is wrong or not truthful instead
there has been a cover up. For example the police have removed a
video from You Tube of the Police and the RSPB kicking some ones
door in, however they did leave the confidential statement from the
RSPB that lied [documented fact backed up by a video] about the
RSPB being asked to leave as the representative of the RSPB was not
on the search warrant, on a Forum called Hunting Life but the
police names were removed. Now if I am not telling the truth I
should be prosecuted for harassment and the RSPB would have taken
their millions of pounds and sued me be now. In other word I have
the shield of truth on my side and various organisations are hoping
it will all go away however it will all be going on a website. A
lot has already been published and no one has ever challenged the
truthfulness of our complaints.
5] HOW IS A PERSON FROM THE RSPB WHO HAS BEEN SHOWN TO HAVE
COMMITTED PERJURY IN THE JOHN DODSWORTH’S CASE IN OCTOBER 2008 [THE
COURT TRANSCRIPT AND POLICE STATEMENTS HAVE ALRERADY BEEN SUPLIED
AND YOU HAVE HEARD THE OPEN COURT STATEMENT FROM THE SOLICITOR
INVOLVED IN THE CASE AND WHAT THE JUDGE HAD TO SAY] ALLOWED TO
CONTINUE TO BE ENTRUSTED TO INVESTIGATE AND HANDLE FURTHER EVIDENCE
WHILE THE INVESTIGATION INTO HIS CRIMES ARE PUT ON HOLD UNTIL AFTER
SEPTEMBER? The matter needs to be looked at immediately to negate
the potential of any new crimes.
In summary I would make the following statement of truth and
challenges all to say where I am wrong. Various people have made
serious complaint about the RSPB and the police but to date the
police are ignoring our complaints or asked the iPCC permission not
to investigate the crimes as the complaints has not been made
within a very short period. This is of course a self fulfilling
agenda as it is the police and others that are withholding the
information that we need which is one of the main reason that the
complaints have been delayed. For example since 1994 I have been
waiting for the report done on me by the RSPB. Other people have
had the reports done on them given to them so why am I different?
The answer is that I am not different; the answer is there are
things in the report that will support my complaints and others. If
this is wrong then show me the report. If there was nothing in the
report to support my claims then the police and CPS, IPCC and Home
Office would simple disclose the report to negate my complaints as
they have done with other people. I would ask the CPS to ANSWER my
letters in relation to this point. Furthermore, all the letters
that are being ignored complaining about the RSPB and the police
need to be answered fully by addressing each element of the
complaints and an explanation of the investigation into each
element and the conclusion. A meeting with all the people that are
complaining would then be useful to expand and explain any
difficult points of evidence.
We do not want confrontation we want the police to investigate our
complaints and we want a Hillsborough type investigation headed by
a senior judge. Most of all we want justice and transparency and
not letters saying there has been a ‘through investigation’ but you
cannot see the report, you just have to trust that we have
correctly investigated ourselves about our organisation breaking
the law. Just like turkeys will never vote for Christmas people
investigating their own organisation need to be completely open to
the complainants for obvious reasons.
Dear Mr Canning
My response is in red next to each question in the list below.
Regards
Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 05 June 2009 20:29
To: Beaufort, Lynn (Biodiversity)
Subject: search warrant
Please answer questions that the Home Office say is your remit.
Download original attachment
Attachment to FOI request 'Can you please supply any guidance or
rules covering the following issues especially any instructions
given to the police and the RSPB?' (HTML version)
Direct Communications Unit
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035
4742
E-mail: [email address] Website: www.homeoffice.gov.uk
[email address]
Mr Ross Errington
Reference: T7363/9
Dear Mr Errington,
Thank you for your e-mail of 28 April 2:13:32 PM seeking copies of
guidance issued to the police and RSPB in relation to search
warrants.
I regret that as the majority of your questions relate to the
powers of RSPB officials the Home Office is not able to respond
fully to your questions. The Home Office does not lead on animal
welfare matters, including the status and enforcement powers, if
any, of animal welfare charities such as the RSPB, RSPCA etc. This
is a matter for the Department for Environment, Food and Rural
Affairs so you will need to send your enquiry to them at [email
address].
What I can advise on is matters relating to the exercise of police
powers under the Police and Criminal Evidence Act (PACE) 1984 and
the accompanying Codes of Practice. These provide the core
framework of investigative powers for the police including the
execution of search warrants.
The Act can be found on the Ministry of Justice Statute Law
database at http://www.statutelaw.gov.uk/Home.aspx. PACE Code B,
which covers powers to search premises and seize property, can be
accessed on the Home Office PACE Codes webpage at
http://police.homeoffice.gov.uk/operatio....
Section 67(9) of PACE states that “Persons other than police
officers who are charged with the duty of investigating offences or
charging offenders shall in the discharge of that duty have regard
to any relevant provision of a [PACE] code.”
This duty is held by Joy v Federation against Copyright Theft Ltd
[1993] Crim.L.R. 588 DC to apply to any type of legal duty whether
imposed by statute, common law or by contract.
The duty only applies in so far as the provisions of the Codes are
relevant. Not all investigating bodies have the same statutory
powers or duties and section 67(9) of PACE does not confer
statutory police powers onto other persons.
In terms of your specific questions:
1] Can the Royal Society for the Protection of Birds legally
caution me? Please refer this question to DEFRA who lead on RSPB
powers. Defra do not lead on RSPB powers. The RSPB is a registered
charity, you should ask the RSPB to list any powers they may have.
2] Can the Royal Society for the Protection of Birds legally swear
out a search warrant at a magistrates Court under the Police and
Criminal Evidence Act 1984 s15? Please refer this question to DEFRA
who lead on RSPB powers. See the answer at question 1.
3] Can the Royal Society for the Protection of Birds legally and
actively search for evidence without the police next to them even
if the RSPB are mentioned on a search warrant and after they have
been told to leave by the land owner? I cannot advise on search
warrants applied for and executed by RSPB officials. However, where
the police apply for a search warrant paragraph 3.6(f) of PACE Code
B states that the application must, if applicable, seek
authorisation for other persons to accompany the officer who
executes the warrant. See above
Under section 16 of PACE where a warrant authorises other person to
accompany the officer executing the warrant the authorised persons
have the same powers as the officer in terms of the execution of
the warrant and seizure of anything to which the warrant relates.
It also requires that such authorised persons may only exercise
these powers in the company, and under the supervision of, a
constable.
4] Can the Royal Society for the Protection of Birds legally search
by themselves, without any police officer in site, someone
property, given the fact that the RSPB are only on the premise to
advice on what the police find? Please see the reply to question 3
with regards to search warrants applied for and executed by the
police. Please see the answer to question 1 above
5] Can the Royal Society for the Protection of Birds legally take
primary evidence and property from the person's home that is being
searched straight to the RSPB Head Quarters or does all evidence
have to be taken to a police station and stay at the police station
involved in the raid where it can be seen and supervised while the
evidence is investigated? Please refer this question to DEFRA who
lead on RSPB powers. If property is seized under a warrant applied
for and executed by the police it must be taken to the police
station. PACE Code B provides further information on the framework
for seizure, retention and return of property. See answer to
question 1 above.
6] Can the Royal Society for the Protection of Birds legally help
the police search someone's home via a search warrant that does not
name them at all and they have been told to leave by the owner of
the property as he is worried about the RSPB'S motives? Please see
the reply to question 3. See above.
If you are dissatisfied with this response you may request an
independent internal review of our handling of your request by
submitting your complaint within two months to the address below
quoting reference 11982.
Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Email: [email address]
During the independent review the department's handling of your
information request will be reassessed by staff who were not
involved in providing you with this response. Should you remain
dissatisfied after this internal review, you will have a right of
complaint to the Information Commissioner as established by section
50 of the Freedom of Information Act.
I realise that this response may be a disappointment to you.
However I would like to assure you that we do not hold the majority
of the information that you asked for.
Yours sincerely,
Shanaz Khanche
Policing Powers and Protection Unit
I AM STILL WAITING FOR YOU TO ANSWERS MY QUESTIONS.
Department for Environment, Food and Rural Affairs (Defra)
This email and any attachments is intended for the named recipient
only.
If you have received it in error you have no authority to use,
disclose,
store or copy any of its contents and you should destroy it and
inform
the sender.
Whilst this email and associated attachments will have been checked
for known viruses whilst within Defra systems we can accept no
responsibility once it has left our systems.
Communications on Defra's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for
other
lawful purposes.
Mr Canning
I can repeat that Defra do not lead on RSPB powers and that the
information on execution of warrants as stated by Home Office is
correct. Individual cases cannot be commented on, but the
Magistrate’s Courts, who issue warrants, do follow strict guide
lines when considering applications for a warrant. The Magistrates’
Courts are run through Her Majesty’s Court Services (hmcs) and I
attach a link below for you.
http://www.hmcourts-service.gov.uk/
Regards
Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 10 June 2009 18:07
To: Beaufort, Lynn (Biodiversity); [email address]
Subject: Re: search warrant
In a message dated 10/06/2009 17:17:34 GMT Standard Time, [email
address] writes:
Dear Mr Canning
My response is in red next to each question in the list below.
Regards
Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 05 June 2009 20:29
To: Beaufort, Lynn (Biodiversity)
Subject: search warrant
Please answer questions that the Home Office say is your remit.
Download original attachment
Attachment to FOI request 'Can you please supply any guidance or
rules covering the following issues especially any instructions
given to the police and the RSPB?' (HTML version)
Direct Communications Unit
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035
4742
E-mail: [email address] Website: www.homeoffice.gov.uk
[email address]
Mr Ross Errington
Reference: T7363/9
Dear Mr Errington,
Thank you for your e-mail of 28 April 2:13:32 PM seeking copies of
guidance issued to the police and RSPB in relation to search
warrants.
I regret that as the majority of your questions relate to the
powers of RSPB officials the Home Office is not able to respond
fully to your questions. The Home Office does not lead on animal
welfare matters, including the status and enforcement powers, if
any, of animal welfare charities such as the RSPB, RSPCA etc. This
is a matter for the Department for Environment, Food and Rural
Affairs so you will need to send your enquiry to them at [email
address].
What I can advise on is matters relating to the exercise of police
powers under the Police and Criminal Evidence Act (PACE) 1984 and
the accompanying Codes of Practice. These provide the core
framework of investigative powers for the police including the
execution of search warrants.
The Act can be found on the Ministry of Justice Statute Law
database at http://www.statutelaw.gov.uk/Home.aspx. PACE Code B,
which covers powers to search premises and seize property, can be
accessed on the Home Office PACE Codes webpage at
http://police.homeoffice.gov.uk/operatio....
Section 67(9) of PACE states that “Persons other than police
officers who are charged with the duty of investigating offences or
charging offenders shall in the discharge of that duty have regard
to any relevant provision of a [PACE] code.”
This duty is held by Joy v Federation against Copyright Theft Ltd
[1993] Crim.L.R. 588 DC to apply to any type of legal duty whether
imposed by statute, common law or by contract.
The duty only applies in so far as the provisions of the Codes are
relevant. Not all investigating bodies have the same statutory
powers or duties and section 67(9) of PACE does not confer
statutory police powers onto other persons.
In terms of your specific questions:
1] Can the Royal Society for the Protection of Birds legally
caution me? Please refer this question to DEFRA who lead on RSPB
powers. Defra do not lead on RSPB powers. The RSPB is a registered
charity, you should ask the RSPB to list any powers they may have.
2] Can the Royal Society for the Protection of Birds legally swear
out a search warrant at a magistrates Court under the Police and
Criminal Evidence Act 1984 s15? Please refer this question to DEFRA
who lead on RSPB powers. See the answer at question 1.
3] Can the Royal Society for the Protection of Birds legally and
actively search for evidence without the police next to them even
if the RSPB are mentioned on a search warrant and after they have
been told to leave by the land owner? I cannot advise on search
warrants applied for and executed by RSPB officials. However, where
the police apply for a search warrant paragraph 3.6(f) of PACE Code
B states that the application must, if applicable, seek
authorisation for other persons to accompany the officer who
executes the warrant. See above
Under section 16 of PACE where a warrant authorises other person to
accompany the officer executing the warrant the authorised persons
have the same powers as the officer in terms of the execution of
the warrant and seizure of anything to which the warrant relates.
It also requires that such authorised persons may only exercise
these powers in the company, and under the supervision of, a
constable.
4] Can the Royal Society for the Protection of Birds legally search
by themselves, without any police officer in site, someone
property, given the fact that the RSPB are only on the premise to
advice on what the police find? Please see the reply to question 3
with regards to search warrants applied for and executed by the
police. Please see the answer to question 1 above
5] Can the Royal Society for the Protection of Birds legally take
primary evidence and property from the person's home that is being
searched straight to the RSPB Head Quarters or does all evidence
have to be taken to a police station and stay at the police station
involved in the raid where it can be seen and supervised while the
evidence is investigated? Please refer this question to DEFRA who
lead on RSPB powers. If property is seized under a warrant applied
for and executed by the police it must be taken to the police
station. PACE Code B provides further information on the framework
for seizure, retention and return of property. See answer to
question 1 above.
6] Can the Royal Society for the Protection of Birds legally help
the police search someone's home via a search warrant that does not
name them at all and they have been told to leave by the owner of
the property as he is worried about the RSPB'S motives? Please see
the reply to question 3. See above.
If you are dissatisfied with this response you may request an
independent internal review of our handling of your request by
submitting your complaint within two months to the address below
quoting reference 11982.
Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Email: [email address]
During the independent review the department's handling of your
information request will be reassessed by staff who were not
involved in providing you with this response. Should you remain
dissatisfied after this internal review, you will have a right of
complaint to the Information Commissioner as established by section
50 of the Freedom of Information Act.
I realise that this response may be a disappointment to you.
However I would like to assure you that we do not hold the majority
of the information that you asked for.
Yours sincerely,
Shanaz Khanche
Policing Powers and Protection Unit
I AM STILL WAITING FOR YOU TO ANSWERS MY QUESTIONS.
Department for Environment, Food and Rural Affairs (Defra)
This email and any attachments is intended for the named recipient
only.
If you have received it in error you have no authority to use,
disclose,
store or copy any of its contents and you should destroy it and
inform
the sender.
Whilst this email and associated attachments will have been checked
for known viruses whilst within Defra systems we can accept no
responsibility once it has left our systems.
Communications on Defra's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for
other
lawful purposes.
SO THE HOME OFFICE IS WRING?
Yours faithfully,
Derek Canning LLB [HONS]
Derek Canning LLB [HONS]
11 July 2009
Dear Sir or Madam,
Please refer my information request to an internal review as I am
being ignored.
Yours faithfully,
Derek Canning LLB [HONS]
Things to do with this request
- Add an annotation (to help the requester or others)





