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Use of Terrorism legislation to conduct searches

A Freedom of Information request to Metropolitan Police Authority by Michael Deas

The request was successful.

Michael Deas

14 April 2009

Dear Sir or Madam,

Under the terms of the Freedom of Information Act, I wish to be
given the full set of statistics relating to the number of, and
outcome of, searches conducted Section 44 of the Terrorism Act
2000.

I would like to know the number of searches conducted by the Met
under such powers. Also, if possible, I would like to know what
proportion of searches led to arrests or prosecution.

Yours faithfully,

Michael Deas

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Yvonne Peart
Metropolitan Police Authority

15 April 2009

Dear Mr Deas,

Thank you for your request under the Freedom of Information Act 2000.

The Authority does not hold the information requested.

The Metropolitan Police Service (MPS) should hold this information and I have therefore transferred your request to them for response.

You should receive a response from the MPS shortly.

Yvonne Peart
Information Officer

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Metropolitan Police Authority

16 April 2009

Dear Mr. Deas

Freedom of Information Request Reference No: 2009040003359
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 15/04/2009. I note you seek
access to the following information:

* "Under the terms of the Freedom of Information Act, I wish to be given
the full set of statistics relating to the number of, and outcome of,
searches conducted Section 44 of the Terrorism Act 2000.
* I would like to know the number of searches conducted by the Met under
such powers.
* Also, if possible, I would like to know what proportion of searches
led to arrests or prosecution. "

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 time scale 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 Rozmarie Loizou at the above e-mail address, quoting the
reference number above.

Yours sincerely

Rozmarie Loizou
Administrative 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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Metropolitan Police Authority

5 May 2009

Dear Mr Deas

Freedom of Information Request Reference No: 2009040003359

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/04/2009. I note you seek
access to the following information:

Under the terms of the Freedom of Information Act, I wish to be given the
full set of statistics relating to the number of, and outcome of, searches
conducted Section 44 of the Terrorism Act 2000.

I would like to know the number of searches conducted by the Met under
such powers. Also, if possible, I would like to know what proportion of
searches led to arrests or prosecution.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request. I can confirm that the
information you have requested is held by the MPS.

DECISION

Pursuant to the provisions of Section 21 of the Freedom of Information Act
2000 (the Act) I have decided to refuse access to the information you have
requested.

REASON FOR DECISION

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 21 of the Act provides:

(1) Information which is reasonably accessible to the application
otherwise than under section 1 is exempt information***

(3) For the purposes of subsection (1), information which is held
by a public authority and does not fall within subsection (2)(b) is not to
be regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority***s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

The information you have requested is available from the MPS Publication
Scheme. The following links will be of assistance to you in locating the
information you have asked for in relation to policy and numbers of stops
etc :

http://www.newscotlandyard.police.uk/foi...

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

http://www.newscotlandyard.police.uk/foi...

To access other information on the Publication Scheme please visit our
website at www.met.police.uk. Alternatively you may contact the
Publication Scheme Co-ordinator using the following details:

The Publication Scheme Co-ordinator
Public Access Office
PO Box 57192
London
SW6 1SF

E-mail: [email address]

Telephone: 0207 161 3600
Facsimile: 0207 161 3501

There is also information available from the Home Office and the following
links will be of interest to you.

http://www.justice.gov.uk/docs/arrests-r...

http://www.homeoffice.gov.uk/rds/pdfs09/...

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further enquiries concerning this matter, please write
or contact Gill Brown quoting the reference number above.

Yours sincerely

Gill Brown
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

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