Step Down procedure

Dear Mr Stacey

Freedom of Information Request Reference No: 2009120000799
I respond in connection with your request for information dated 03/12/2009
which was received by the Metropolitan Police Service (MPS) on 03/12/2009.
I note you seek access to the following information:

* Could you please detail what guidance the Metropolitan Police Service
has received from ACPO in relation to the recent Court of Appeal
decision on the Step Down procedure.
* Furthermore, could you please advise me as to what the current
situation is with regards the step down procedure of criminal
convictions.

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 me on telephone number 020 7230 4019 quoting the
reference number above.

Yours sincerely

Peter Royan-Posse
Case Investigation 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

show quoted sections

Dear Mr Stacey

Freedom of Information Act Request Reference No: 2009120000799
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 03/12/2009. I note you seek
access to the following information:

· Could you please detail what guidance the Metropolitan Police
Service has received from ACPO in relation to the recent Court of Appeal
decision on the Step Down procedure. Furthermore, could you please advise
me as to what the current situation is with regards the step down
procedure of criminal convictions.

I have completed the response to your present request, but I have one
query regarding your second question that I would like to clarify with you
before sending. Would it be possible for you to contact me on the
telephone number below; if you could, this would be very helpful.

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 Louise Lander on telephone number 0207 0915565 quoting the
reference number above.

Yours sincerely,

Louise Lander
Higher 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 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

show quoted sections

Dear Mr Stacey

Freedom of Information Request Reference No: 2009120000799

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 03/12/2009. I note you seek
access to the following information:

** Could you please detail what guidance the Metropolitan Police
Service has received from ACPO in relation to the recent Court of Appeal
decision on the Step Down procedure. Furthermore, could you please advise
me as to what the current situation is with regards the step down
procedure of criminal convictions.

Please find attached the guidance received from ACPO in relation to the
Court of Appeal decision. Thank you for contacting me to discuss your
second question concerning the current situation with regard to the
step-down procedure. As we discussed, this question invites a comment or
commentary from the MPS, rather than seeking recorded information which
may be held by the force, and there is therefore no requirement under the
Act to create new information in order to respond; however, as part of the
duty to assist, I have located a further letter sent from ACPO which may
go some way towards answering your question. While this letter was dated
the 4th of December 2009, and so in a strict sense falls outside the scope
of your request (as your request was made on the 3rd December, and was
therefore not held at the time your request was made), I feel that it
would be both helpful and in the spirit of the Act to provide you with
this guidance also. I have also located a letter from ACPO containing
guidance which was received in December 2008 - while this pre-dates the
Appeal decision, it does have relevance to the overarching Appeal process,
and I have therefore included the information contained in the letter in
this response.

I hope you will find this information useful.

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 Louise Lander on telephone number 0207 0915565 quoting the
reference number above.

Yours sincerely

Louise Lander
Higher Information Access 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

show quoted sections