Stop and Account Policy

Richard Taylor made this Freedom of Information request to Cleveland Police

The request was partially successful.

From: Richard Taylor

25 July 2008

I would like to make a request for information relating to
Cleveland Police's current policy and practice on conducting stop
and account / encounter.

I am particularly interested in if the force has been conducting
any trials intended to simplify and speed up the stop and account /
encounter procedure, such as any trial abolition of the stop and
account form. I would like to request details of any changes to
stop and account / encounter protocols made so far this year. I am
interested in if the circumstances in which a stop and account form
is completed have changed (for example if a form is now only
completed if someone being stopped asks for one).

I anticipate the response to my request will include the following:

i/ A copy of the stop and account form used by Cleveland Police.

ii/ A copy of Cleveland Police's Policy on Stop and Account (if it
has one).

iii/ The force's instructions to its officers on carrying out "stop
and account". This might be in the form of training materials and
recent emails, memos, or briefing materials updating procedures.

iv/ A copy of any communication from the Home Office authorising
any trials of stop and encounter protocols which required deviation
from the requirements of PACE code A.

v/ If not included in the above, details of protocols for recording
and retaining stop and account information.

I would like to suggest publishing this information on the force
website and keeping it up to date.

Many thanks,

Richard Taylor

http://www.rtaylor.co.uk

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Cleveland Police

28 July 2008

Dear Mr Taylor,

Enquiry Ref : 2008/1252

I acknowledge receipt of your enquiry dated 25 July 2008 and received 28 July requesting information concerning 'stop & account' policy.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 26 August 2008. In some cases, however, we may be unable to achieve this deadline. If this occurs we will advise you of the likely timescale within which the response will be provided.

If you have any questions regarding your request please contact me.

Yours sincerely,

Michael Reddy
Freedom of Information Unit
Wetherby House
Cleveland Police

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From: Richard Taylor

28 August 2008

I note that the statutory timescale for a response of twenty
working days as set down by the Freedom of Information Act 2000 has
now been exceeded.

You have also failed to meet your aim to respond to my request by
26 August 2008 and have not advised me of the likely timescale
within which the response will be provided as you said you would in
your email of 28th July.

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Cleveland Police

4 September 2008

Dear Mr Taylor,

Enquiry Ref : 2008/1252

I acknowledge receipt of your email dated 28 August 2008 relating to your request exceeding the statutory time limit.

Please accept my apologies for the delay in providing a response to your request resulting in your need to chase me up on the subject; I hope this has not been of inconvenience to you.

However, we have in excess of 100 enquiries of varying degrees and unfortunately there will be a delay in responding. Due to the nature of your enquiry there are also likely to be public interest issues and under the Act those circumstances the time limit to respond can be extended beyond the 20 day limit. I will provide you with a response in due course.

If you have any questions regarding your request please contact me.

Yours sincerely,

Michael Reddy
Freedom of Information Unit
Wetherby House
Cleveland Police

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From: Richard Taylor

3 March 2009

I would like to note again that your response to my information
request (Enquiry Ref : 2008/1252) is overdue.

I made this request on the 25th July 2008, the history of the
correspondence relating to it can be viewed online at:

http://www.whatdotheyknow.com/request/st...

--

Richard Taylor

Cambridge

http://www.rtaylor.co.uk

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From: Mail Delivery System

3 March 2009

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[Cleveland Police request email]
SMTP error from remote mail server after RCPT TO:<[Cleveland Police request email]>:
host pnn-gw.pnn.police.uk [195.27.52.218]: 451 Unable to accept this email at the moment:
retry timeout exceeded

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5 March 2009

Sent a follow up to Cleveland Police again.

Cleveland Police

9 March 2009


Attachment Policy Document.pdf
94K Download View as HTML

Attachment Stop form.pdf
57K Download View as HTML

Attachment Stop Account student notes.pdf
794K Download View as HTML

Attachment Learning descriptor.pdf
351K Download View as HTML

Attachment Street Encounter student notes.pdf
422K Download View as HTML

Attachment Street Encounter trainer notes.pdf
838K Download View as HTML

Attachment Procedures document.pdf
375K Download View as HTML


Dear Mr Taylor,

Re enquiry 2008/1252

I write in connection with your request for information dated 28 July 2008 concerning 'stop & account'.

Firstly please accept my sincere apologies for the delay in providing a response to your request and the need for you to chase us up; I hope this has not been of inconvenience to you.

You asked:-
I would like to make a request for information relating to Cleveland Police's current policy and practise on conducting stop and account / encounter.

A - The policy for 'stop and account' is the same as for 'stop and search', a copy of which is provided. Although the policy is shown as a draft, this is still the current policy.

I am particularly interested in if the force has been conducting any trials intended to simplify and speed up the stop and account/encounter procedure, such as any trial abolition of the stop and account form. I would like to request details of any changes to stop and account / encounter protocols made so far this year. I am interested in if the circumstances in which a stop and account form is completed have changed (for example if a form is now only completed if someone being stopped asks for one).

A - No information held. We are not involved in any trials, nor have there been any changes to the methodology of the stop & search, or 'stop & account' procedures

I anticipate the response to my request will include the following:

i/ A copy of the stop and account form used by Cleveland Police.

A - There is no separate 'stop & account' form. There is only a form for a statutory power or street encounter. In order for me to forward you a copy this has had to be reduced in size, as it will not fit on an A4 page.

ii/ A copy of Cleveland Police's Policy on Stop and Account (if it has one).

A -There is no separate policy for 'stop and account'. This is the same as for 'stop & search'; a copy of which is provided in an earlier question.

iii/ The Force's instructions to its officers on carrying out "stop and account". This might be in the form of training materials and recent emails, memos, or briefing materials updating procedures.

A - A copy of our 'Stop & Account' student notes, Learning Descriptor, Street Encounter - Student notes and Street Encounter Trainer notes are attached.

iv/ A copy of any communication from the Home Office authorising any trials of stop and encounter protocols which required deviation from the requirements of PACE code A.

A - No information held.

v/ If not included in the above, details of protocols for recording and retaining stop and account information.

A - A copy of our Procedures Document is attached.

I would like to suggest publishing this information on the force
website and keeping it up to date.

A - We are in the process of updating our website which will hopefully include such information/policies.

Cleveland Police in complying with their statutory duty under sections 1 and 11 of the Freedom of Information Act 2000 to release information will not breach the Copyright, Designs and Patents Act 1988. However, the rights of the copyright owner will continue to be protected by law. Those documents relating to 'stop & account' Student Notes, Learning Descriptor, Street Encounter (student notes and trainer notes) are all subject to copyright provisions as shown on the opening page. Applications for the copyright owner's written permission to reproduce any part of the disclosed information should be addressed to The Force Solicitor, Cleveland Police Headquarters, PO Box 70, Ladgate Lane, Middlesbrough, Cleveland, TS8 9EH.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request that we review your case under our review procedure. If you decide to request that such a review is undertaken and following this process you are still dissatisfied you then have the right to direct your complaint to the Information Commissioner for consideration.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Michael Reddy
Freedom of Information Unit
Wetherby House
Cleveland Police

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Richard Taylor left an annotation (13 April 2009)

This encouraging response reveals the force policy is to follow the requirements of the relevant PACE codes. Now, following the amendments which came into force in January 2009, they are actually going beyond what is required.*

This is marked partially successful as no clear information relating to how long stop and account records are retained for has been given. There is a reference to Management of Police Information (MoPI) guidance, but no specific detail.

*http://police.homeoffice.gov.uk/publicat...

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Things to do with this request

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