Actual bodily harm

Rita Harding made this Rhyddid Gwybodaeth request to Cheshire Police and Crime Commissioner

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Cheshire Police and Crime Commissioner,

Can you please tell me what the definition is of:

1 Actual Bodily Harm
2. Battery
3 Common assault
4 Could you also tell me why, when a person had been witnessed by three separate witnesses and a clear video from a mobile phone was presented to the police, that no action was taken. Mr Andrew German was witnessed in December riding with purpose at a hunt monitor, very clearly by his actions meaning to use his horse as a weapon. He was also seen raising his whip and using this as a weapon against the monitor, striking him several times.
5 Could you please explain to me how this is not ABH or Assault and Battery or even Common Assault?

Yours faithfully,

Rita Harding

Police Crime Commissioner, Cheshire Police and Crime Commissioner



Dear Sir / Madam

Thank you for taking the time to contact the Police & Crime Commissioner
for Cheshire.  The Commissioner takes great pride in providing a voice for
Cheshire residents and aims to respond to correspondence within 10 working
days.

If you have not already do so please can we ask that you provide your
correspondence details.

Best wishes

Office of the Police & Crime Commissioner for Cheshire

 

 

 

 

 

 

 

 

 

 

 

Best wishes

Office of the Police & Crime Commissioner for Cheshire

Dear Sir / Madam,

 

Thank you for taking the time to contact the Police & Crime Commissioner
for Cheshire. The Commissioner takes great pride in providing a voice for
Cheshire residents and aims to respond to correspondence within 10 working
days.

 

If you have not already done so, please can we ask that you provide your
correspondence details.

Best wishes,  

Office of the Police & Crime Commissioner for Cheshire

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
If you have not already done so please provide your full postal address.
 
If your query relates to an operational policing matter then please
contact Cheshire Constabulary on 101; in an emergency dial 999.

 

Office of the Police & Crime Commissioner for Cheshire

 

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
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Thank you for your co-operation.

OPCC FOI, Cheshire Police and Crime Commissioner

Dear Ms Harding,

Apologies for the delay in responding to you.

I acknowledge receipt of your Freedom of Information request that was
received on Tuesday 22 January 2019. A response will be provided within 20
working days after the day of receipt.

Kind Regards,
Matt

Office of the Police & Crime Commissioner
[email address] | 01606 364000
Stockton Heath Police Station | Grappenhall Road | Stockton Heath |
Warrington | WA4 2AF

Website: www.cheshire-pcc.gov.uk | Twitter: Follow CheshirePCC | Facebook:
Like Cheshire PCC

dangos adrannau a ddyfynnir

OPCC FOI, Cheshire Police and Crime Commissioner

1 Atodiad

Dear Ms Harding,

Thank you for your recent Freedom of Information request submitted on
Tuesday 22 January 2019.

I write in reference to your request under the Freedom of Information Act
2000. In accordance with section 1(1)(a) of the Act, the response of the
Office of the Police and Crime Commissioner for Cheshire is below.

Can you please tell me what the definition is of:
1 Actual Bodily Harm
2. Battery
3 Common assault
These are legally defined terms and, therefore, the definitions are
already publicly available.

4 Could you also tell me why, when a person had been witnessed by three
separate witnesses and a clear video from a mobile phone was presented to
the police, that no action was taken. Mr Andrew German was witnessed in
December riding with purpose at a hunt monitor, very clearly by his
actions meaning to use his horse as a weapon.  He was also seen raising
his whip and using this as a weapon against the monitor, striking him
several times.
5 Could you please explain to me how this is not ABH or Assault and
Battery or even Common Assault?
The Freedom of Information Act gives the public access to information held
by a public body. It is not an instrument to request comment and, as such,
there is no information held on this matter.

In accordance with section 16(1) of the Act (Duty to Assist), I can
suggest that this information may be held by Cheshire Constabulary. Please
note that I have not forwarded your request, although Cheshire
Constabulary may be contacted directly via
[email address].

If you are not satisfied with this decision, I attach for your information
the Office of the Police and Crime Commissioner for Cheshire's review
procedures.

Kind Regards,
Matt

Matt Walton | Senior Governance & Performance Officer
Office of the Police & Crime Commissioner
[email address] | 01606 364000
Stockton Heath Police Station | Grappenhall Road | Stockton Heath |
Warrington | WA4 2AF

Website: www.cheshire-pcc.gov.uk | Twitter: Follow CheshirePCC | Facebook:
Like Cheshire PCC

dangos adrannau a ddyfynnir

Dear OPCC FOI,

Please note that the questions were directed at the Cheshire Police and Crime Commissioner and not to Cheshire Constabulary. It is his views that I particularly wished to hear. I am sure that he is (or should be) aware of the situation. Is the CPCC not answerable for the actions of his officers? Why would there be no requirement for transparency or accountability in his position? Could you please direct the FOI to the person that it was intended?

Yours sincerely,

Rita Harding

OPCC FOI, Cheshire Police and Crime Commissioner

Dear Ms Harding,

Thank you for your e-mail.

As stated in the OPPC response to your FOI, ‘the Freedom of Information
Act gives the public access to information held by a public body. It is
not an instrument to request comment and, as such, there is no information
held on this matter’.

I will, however, forward your e-mail to a colleague who deals with public
correspondence and I will request that a response is provided to you at
the earliest opportunity.

Kind Regards,
Matt

Matt Walton | Senior Governance & Performance Officer
Office of the Police & Crime Commissioner
[email address] | 01606 364000
Stockton Heath Police Station | Grappenhall Road | Stockton Heath |
Warrington | WA4 2AF

Website: www.cheshire-pcc.gov.uk | Twitter: Follow CheshirePCC | Facebook:
Like Cheshire PCC

dangos adrannau a ddyfynnir

Police Crime Commissioner, Cheshire Police and Crime Commissioner

1 Atodiad

Dear Ms Harding,

 

Thank you for your e-mail. I understand you have been in contact with Mr
Walton, the Office’s Senior Governance and Performance Office regarding an
FOI request and there are some part of your questions that fall outside
these formal requests and are in essence a request for my opinion rather
than information. This appears to be in relation to specific elements as
detailed below:

 

Could you also tell me why, when a person had been witnessed by three
separate witnesses and a clear video from a mobile phone was presented to
the police, that no action was taken. Mr Andrew German was witnessed in
December riding with purpose at a hunt monitor, very clearly by his
actions meaning to use his horse as a weapon. He was also seen raising his
whip and using this as a weapon against the monitor, striking him several
times.

 

Could you please explain to me how this is not ABH or Assault and Battery
or even common Assault?

 

Having seen the footage myself I totally understand your concerns. As
Commissioner, I do not have the responsibility of investigating criminal
allegations, that falls to the Chief Constable and those officers and
staff operating under his command and control. I would be exceeding my
lawful remit if I was to interfere or involve myself in such operational
elements of policing. In addition, the responsibility for charging
decisions rests with the Crown Prosecution Service, although I understand
in this case a referral was not made to me for the CPS for a decision.

 

That said, I believe that you have raised some very legitimate concerns
and questions, that from a public perception perspective could have a
detrimental impact on community confidence. As you may be aware, I
discussed the policing of hunting with the Chief Constable at my scrutiny
board on 25 February 2019, the minutes of which will be available on my
website in due course. Further to this, I will also ask that a written
response is provided to your questions above by the Constabulary so that
we are both absolutely clear as to the rationale for the decisions taken
by Cheshire Constabulary.

 

Thank you for raising this with me.

 

Regards,

 

David Keane

Police & Crime Commissioner

 

 

Website: [1]www.cheshire-pcc.gov.uk

Twitter: [2]Follow CheshirePCC

Facebook: [3]Like Cheshire PCC
Register for updates: [4]Cheshire PCC Alert

 

[5]cid:image001.jpg@01D4A40A.2F257840

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

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Julie Westgate, Cheshire Police and Crime Commissioner

Dear Ms Harding ,

 

I have been passed your email from the Commissioner’s office in relation
to the question you asked about the alleged assault by Mr Andrew German.

 

In order for the police to take a criminal case to prosecution, a number
of tests need to be met. One of these is the evidential test which is not
just about collecting what is reported to us in the allegation. It also
includes the strengths and weaknesses of the case, including anything
which undermines it; any defences offered by the suspect; collaborating
evidence, etc.

 

Once all the information had been collated and assessed, including
accounts from both parties and a review of the full footage of the
incident, the case did not meet the test to progress to prosecution. Both
parties were informed of this decision.

 

Kind regards.

Julie Westgate

 

Chief Inspector

Cheshire Constabulary

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.