An officer who fails to exercise his duty to the detriment of another person risks 14 years imprisonment

Roedd y cais yn rhannol lwyddiannus.

fFaudwAtch UK (Ataliwyd y cyfrif)

Dear Humberside Police,

Under subsection (2) of Section 26 of the Criminal Justice and Courts Act 2015 a police officer "is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both)" if he fails under subsections (5) and (6) of the 2015 Act to exercise a power for the purpose of achieving the detriment of another person.

Within the last few months Humberside police has, to my knowledge, stated the following in relation to two separately reported incidents of perjury; - one committed by North East Lincolnshire Council, and the other by two members of the public in their witness statements which were outright lies.

"Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves."

Please see the link below which is a letter dated 13 January 2016 containing the above statement.

https://www.whatdotheyknow.com/request/h...

There has clearly been a failure in exercising police powers in both cases to the detriment of another person for which the officer who has acted improperly is open to a term of imprisonment or a fine (or both).

Please disclose all related material (statutory or policy) which lawfully permits or advises Humberside police that it may refuse to investigate allegations of perjury unless a request to do so comes from the court.

Yours faithfully,

fFaudwAtch UK

Information Compliance,

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

fFaudwAtch UK (Ataliwyd y cyfrif)

Dear Humberside Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Humberside Police's handling of my FOI request 'An officer who fails to exercise his duty to the detriment of another person risks 14 years imprisonment'.

Response to this request is delayed. By law, Humberside Police should have responded by 13 April 2016.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

fFaudwAtch UK

Information Compliance,

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Gadawodd fFaudwAtch UK (Ataliwyd y cyfrif) anodiad ()

Some relevant information below, courtesy of the Ministry of Justice:

See letter ( http://tinyurl.com/ha82mnb )

" I understand that this matter has been heard in a court of law. The advice I have obtained is that the issues you raise may be appeal points that could be raised at any subsequent appeal hearings.

Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves. "

The police force is making spurious statements because the matter is criminal and not something you can appeal to another judge in the casino justice system.

Some useful information on the Crown Prosecution Service's website states that the police do not have to be instructed by the court to investigate perjury, which is what Humberside police claims to be its policy.

CASES INVOLVING ALLEGATIONS OF PERJURY ( http://www.cps.gov.uk/legal/h_to_k/judic... )

" Where a judge or magistrate believes that some evidence adduced at trial is perjured s/he can recommend that there should be a police investigation.

The absence of such recommendation does not mean that there is no justification for an investigation. "

fFaudwAtch UK (Ataliwyd y cyfrif)

Dear Information Compliance,

If there is no response by 18 May 2016 I will assume Humberside police has no intention of replying and prefer that I escalate the matter to the Information Commissioner.

Yours sincerely,

fFaudwAtch UK

Information Compliance,

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Gadawodd fFaudwAtch UK (Ataliwyd y cyfrif) anodiad ()

Complaint sent to Information Commissioner's Office about Humberside Police failing to deal with my FoI request.

Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire SK9 5AF

25/05/16

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO HUMBERSIDE POLICE – (REF NONE)

I made a freedom of information request to Humberside Police (‘HP’) on 12 March 2016. Details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/a...

AN OFFICER WHO FAILS TO EXERCISE HIS DUTY TO THE DETRIMENT OF ANOTHER PERSON RISKS 14 YEARS IMPRISONMENT

You will see from the contents of the above that HP had not responded by the 13 April deadline and on the 22 April I notified it about the delay by submitted a request for a review.

I communicated on 16 May to HP that if it had not responded by 18 May I would assume it would have no intention of doing so and prefer that I escalate the matter to the Information Commissioner.

In essence, HP has not responded to any of the communications other than those which were computer generated.

Yours sincerely

fFaudwAtch UK

Green, James 8935,

1 Atodiad

NOT PROTECTIVELY MARKED - NO DESCRIPTOR

Your Ref:
Our Ref:F-2016-442

09 June, 2016

Dear Mr Gilliatt,

Thank you for your request for information dated 13 March, 2016 concerning All related material (statutory or policy) which awfully permits or advises Humberside police that it may refuse to investigate allegations of perjury unless a request to do so comes from the court.
.

This is to inform you that all information relating to your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

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

Yours sincerely,

James Green
Information Compliance Officer
101
Humberside Police
Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:

NOT PROTECTIVELY MARKED - NO DESCRIPTOR
Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

fFaudwAtch UK (Ataliwyd y cyfrif)

Dear Green, James 8935,

" Humberside Police Response

It has been determined that your request does not meet s8(1)(c) of the Act. You are making a statement opposed to requesting held information (s68). Therefore at present your request is not valid and as such is closed. "

Please ensure you have replied to the relevant request because your response makes no sense.

My request again:

Q. Please disclose all related material (statutory or policy) which lawfully permits or advises Humberside police that it may refuse to investigate allegations of perjury unless a request to do so comes from the court.

Yours sincerely,

fFaudwAtch UK

Green, James 8935,

NOT PROTECTIVELY MARKED - NO DESCRIPTOR

Mr Gilliatt,

Thank you for the clarify of information sought. I can confirm Humberside Police holds no information relevant to your request.

Regards,

James Green | Information Compliance Officer | Humberside Police |Email:[email address]

dangos adrannau a ddyfynnir

fFaudwAtch UK (Ataliwyd y cyfrif)

Dear Green, James 8935,

Does that mean I have been lied to by Humberside Police again?

Yours sincerely,

fFaudwAtch UK

Gadawodd fFaudwAtch UK (Ataliwyd y cyfrif) anodiad ()

Humberside police's 10 June 2016 reply does not seem feasible:

"Thank you for the clarify of information sought. I can confirm Humberside Police holds no information relevant to your request."

Local Resolution outcome (13 Jan 16 ) states:
https://www.scribd.com/doc/315342141/CO-...

"Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves."

This is reconfirmed in the force's Appeal Assessment, 8 June 16:
https://www.scribd.com/doc/315332181/App...

Gadawodd Neil Gilliatt (Ataliwyd y cyfrif) anodiad ()

The Information Commissioner has been asked for an update on any progress.

Gadawodd Proxy-1 (Ataliwyd y cyfrif) anodiad ()

From: me
To: casework@ico.org.uk
Sent: Saturday, December 31, 2016
Subject: Fw: Complaint to the ICO[Ref. FS50630924]

Dear [Senior Case Officer]

I write further to my 14 July and 11 December emails and ask if you could please update me in this matter.

Yours sincerely

Gadawodd Closing In anodiad ()

Information Commissioner's Decision Notice dated 20 December 2017 (FS50630924)

https://www.scribd.com/document/36768710...

Gadawodd Closing In anodiad ()

"15. In this case the Commissioner will also consider how HP could have made the following statement to the complainant:

“Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves"

given that it has stated that it does not hold the requested information."

"20. HP also confirmed that it had contacted its Legal Service department. This department confirmed that it had provided the advice regarding allegations of perjury but that it had got obtained the information from the CPS’ website, as it did not hold it in recorded form. HP provided the Commissioner with the appropriate link.[ https://www.cps.gov.uk/legal-guidance/ju... ] The Commissioner notes that this website does deal with cases involving allegations of perjury.

21. Furthermore, HP confirmed that no recorded information was ever held and that the statement had been made based on the specifics of the complainant’s related complaint to it and advice from its legal team. It also confirmed that there was no requirement for the requested information to be held as it would be a case by case decision, including taking legal advice."

"25. The Commissioner is also satisfied that HP has been able to explain how it could make the statement to the complainant about not investigating cases of perjury as set out above, even though it does not hold recorded information about this."

Gadawodd Closing In anodiad ()

Information Rights Tribunal, Appellant's notice (grounds of appeal) against Decision Notice:

https://www.scribd.com/document/36876741...

Gadawodd Closing In anodiad ()

Commissioner’s Response to appeal:

9 February 2018
https://www.scribd.com/document/37115501...

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