The powers of the RSPB and search warrants Defra say they are not responsible therefore who is?.

Dear Sir or Madam,

Please note Defra's responce to the Home Office's statement that
Defra are responsible to answer the questions about search
warrants. In short Defra say that the Home Office is wrong. Now I
will ask again who is responsible as it cannot be the RSPB who
decide waht there powers are.

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

Reference: T7363/9

Dear Mr

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.

Yours faithfully,

Derek Canning LLB[hons]

Dear Sir or Madam,

By law, the Home Office response had to be prompt but no later than
8 July 2009 therefore under the Freedom of Information Act the Home
Office should have replied by now, and are breaking the law.

I want an internal review.

Yours faithfully,

Derek Canning LLB [HONS]