Arrest

Max Kerley made this Freedom of Information request to Devon and Cornwall Constabulary This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Devon and Cornwall Constabulary of their handling of this request.

Dear Devon and Cornwall Constabulary,

Before restricting a persons freedom, are you required to inform them of their arrest prior to detention? If not, under what law or statute would this fall under?

Also regarding an allegation against a person and approaching the CPS regarding charges, what information do you submit for the CPS to make their decision?

Regarding notes taken by a policeman/woman on their digital pads, once signed, how secure is this information and is it possible for the user to edit this once signed?

Regarding false allegations against a person, how is it possible for a member of the public to request that this information be destroyed?

Yours faithfully,

Max Kerley

FOI, Devon and Cornwall Constabulary

1 Attachment

Dear Mr Kerley

 

We acknowledge receipt of your Freedom of Information Request.

 

Before restricting a persons freedom, are you required to inform them of
their arrest prior to detention? If not, under what law or statute would
this fall under?

 

Also regarding an allegation against a person and approaching the CPS
regarding charges, what information do you submit for the CPS to make
their decision?

 

Regarding notes taken by a policeman/woman on their digital pads, once
signed, how secure is this information and is it possible for the user to
edit this once signed?

 

Regarding false allegations against a person, how is it possible for a
member of the public to request that this information be destroyed?

 

Your request will be considered in accordance with the Freedom of
Information Act 2000. You should expect to be sent a response within the
statutory limit of 20 working days, subject to the provisions of the Act. 

 

Please Note: All disclosures made under FOI become public documents and
are published on the Force website.

 

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

 

Yours sincerely,

 

Diane Bosanquet
Alliance Freedom of Information Officer
Tel 01392 226220
[1][Devon and Cornwall Constabulary request email]

Alliance Information Management Department

Devon & Cornwall Police and Dorset Police

Working together to serve the public

 

[2]cid:image003.png@01D2AEE8.2F4F5660

 

 

 

show quoted sections

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[3]www.devon-cornwall.police.uk or [4]www.dorset.police.uk or e-mail
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FOI, Devon and Cornwall Constabulary

3 Attachments

Dear Mr Kerley

 

Please find attached the response to your above numbered Freedom of
Information Request.

 

Yours sincerely,

 

 

Diane Bosanquet
Alliance Freedom of Information Officer
Tel 01392 226220
[1][Devon and Cornwall Constabulary request email]
Freedom of Information Unit

Alliance Information Management Department

Devon & Cornwall Police and Dorset Police

Working together to serve the public

 

[2]cid:image003.png@01D2AEE8.2F4F5660

 

 

 

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[3]www.devon-cornwall.police.uk or [4]www.dorset.police.uk or e-mail
[5][email address] or [6][email address]

References

Visible links
1. mailto:[Devon and Cornwall Constabulary request email]
3. http://www.devon-cornwall.police.uk/
4. http://www.dorset.police.uk/
5. mailto:[email address]
6. mailto:[email address]

Dear Devon and Cornwall Constabulary,

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

I am writing to request an internal review of Devon and Cornwall Constabulary's handling of my FOI request 'Arrest'.

I would like to know that, if you restrict a persons movement by placing them in the confines of a police vehicle for example, which is impossible for a person to escape from prior to arresting them, are you aware that this is false imprisonment and that any contact with the individual constitues an assault by the police?

Also relating to arrest, are you aware that a person who is invited to the station to give a statement, but is then subsequently arrested, that this also constitues false imprisonment and false arrest?

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,

Max Kerley

FOI, Devon and Cornwall Constabulary

Dear Mr Kerley,

Thank you for your below email dated 28 August 2017 in which I note you would like to request an internal review of the handling of your FOI request. In order to progress with an Internal Review, please could you state what you wish to complain about? i.e. the information within the response/ the timeliness of the request process/any exemptions applied etc.

I note in the last 3 paragaphs of your email you detail the process of an arrest and situations surrounding this. Should you have any complaint around the process of an arrest please could you address this to the Professional Standards Department within the Force as this is not something that would be dealt with by the FOI office. The contact details are as follows:

https://www.devon-cornwall.police.uk/con...

Please note that an Internal Review will not be logged until clarification has been received.

Yours sincerely

Hattie Ashford
Alliance Freedom of Information Officer
Devon & Cornwall Police Headquarters, Middlemoor
Tel: 01392 226220 internal. 303220 (Mon-Wed)
Email: [email address] (Mon-Wed)
Or : [Devon and Cornwall Constabulary request email]

Alliance Information Management Department
Devon & Cornwall Police and Dorset Police
Working together to serve the public

Dear Devon and Cornwall Constabulary,

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

I am writing to request an internal review of Devon and Cornwall Constabulary's handling of my FOI request 'Arrest'.

I am not making a complaint, I'm asking for clarification.

Prior to detaining someone in a police vehicle, van or other such or by deprivating their freedom, are you required to inform them that they are under arrest prior to detaining them? Yes or no.

I also asked if you were aware, that inviting someone to give a statement at a station and then restricting their movement prior to an arrest, are you aware that this is false imprisonment? Yes or no.

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,

Max Kerley

FOI, Devon and Cornwall Constabulary

Dear Mr Kerley,

Thank you for your below email and clarifying that you are not making a complaint. As your original FOI request did not include the two questions sighted below, could you confirm if you would be happy for us to proceed with these two questions as a new FOI request?

Alternatively, I can pass your questions on to the most appropriate person to respond directly to you?

Please could you let me know which of the two above options would best suit your needs.

Kind regards,

Hattie Ashford
Alliance Freedom of Information Officer
Devon & Cornwall Police Headquarters, Middlemoor
Tel: 01392 226220   internal. 303220 (Mon-Wed)
Email: [email address] (Mon-Wed)
Or :     [Devon and Cornwall Constabulary request email]

Alliance Information Management Department
Devon & Cornwall Police and Dorset Police
Working together to serve the public

Dear Devon and Cornwall Constabulary,

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

I am writing to request an internal review of Devon and Cornwall Constabulary's handling of my FOI request 'Arrest'.

They are not new questuions. Merely a variation on the same questions asked previously, that require a yes or no answer.

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,

Max Kerley

FOI, Devon and Cornwall Constabulary

Dear Mr Kerley,

Thank you for your below email. I note that your questions requiring a 'yes/no' answer are a variation on questions previously asked, however, as they were not sent with the original request we will now be logging the two following questions as a new request:

FOI request 4126/17
Prior to detaining someone in a police vehicle, van or other such or by deprivating their freedom, are you required to inform them that they are under arrest prior to detaining them? Yes or no.

I also asked if you were aware, that inviting someone to give a statement at a station and then restricting their movement prior to an arrest, are you aware that this is false imprisonment? Yes or no.

If you are dissatisfied with the way we responded to your original request please respond requesting an internal review. Please also state what you are dissatisfied about.

Therefore, we will be progressing with the new request and you should expect a response within the statutory limit of 20 working days.

Yours sincerely

Hattie Ashford
Alliance Freedom of Information Officer
Devon & Cornwall Police Headquarters, Middlemoor
Tel: 01392 226220   internal. 303220 (Mon-Wed)
Email: [email address] (Mon-Wed)
Or :     [Devon and Cornwall Constabulary request email]

Alliance Information Management Department
Devon & Cornwall Police and Dorset Police
Working together to serve the public

Dear Devon and Cornwall Constabulary,

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

I am writing to request an internal review of Devon and Cornwall Constabulary's handling of my FOI request 'Arrest'.

The questions are clearly the same as the original questions posed to you which you have not responded too.

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,

Max Kerley

FOI, Devon and Cornwall Constabulary

1 Attachment

Dear Mr Kerley,

 

I write in connection with your request for an internal review which was
received today by this office, requesting that Devon and Cornwall Police
revise the decision relating to your Freedom of Information request
3330/17 for the following information:

 

Before restricting a persons freedom, are you required to inform them of
their arrest prior to detention? If not, under what law or statute would
this fall under?

 

Also regarding an allegation against a person and approaching the CPS
regarding charges, what information do you submit for the CPS to make
their decision?

 

Regarding notes taken by a policeman/woman on their digital pads, once
signed, how secure is this information and is it possible for the user to
edit this once signed?

 

Regarding false allegations against a person, how is it possible for a
member of the public to request that this information be destroyed?

 

It is the Police Service’s policy to deal with complaints and appeals in a
timely manner. Thus, the target time for responding to appeals and
complaints should be as soon as practicable, and in any case within 20
working days. This email is a confirmation that the response to your
request has been submitted for review and this will be conducted by an
Independent Reviewer, in accordance with the Force’s review procedure.
Every effort will be made to provide a prompt response but this should be
no later than17/10/2017.

Should you have any further inquiries concerning this matter, please write
or contact me quoting the reference number above.

 

 

Yours sincerely,

 

 

Chris Fitzgerald

Alliance Freedom of Information Officer

Devon & Cornwall Police Headquarters, Middlemoor

Tel: 01392 226220   internal. 303220 (Mon-Fri)

Email: [1][Devon and Cornwall Constabulary request email]

 

Alliance Information Management Department

Devon & Cornwall Police and Dorset Police

Working together to serve the public

 

 

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[2]www.devon-cornwall.police.uk or [3]www.dorset.police.uk or e-mail
[4][email address] or [5][email address]

References

Visible links
1. mailto:[Devon and Cornwall Constabulary request email]
2. http://www.devon-cornwall.police.uk/
3. http://www.dorset.police.uk/
4. mailto:[email address]
5. mailto:[email address]

FOI, Devon and Cornwall Constabulary

2 Attachments

Dear Mr Kerley

 

Further to recent correspondence please see attached the response to the
two additional questions posed from your original request. Please also
find attached a response to your request for an Internal Review.

 

Should you have any further queries please do not hesitate to contact me.

 

Yours sincerely

 

Hattie Ashford

Alliance Freedom of Information Officer

Devon & Cornwall Police Headquarters, Middlemoor

Tel: 01392 226220   internal. 303220 (Mon-Wed)

Email: [1][email address] (Mon-Wed)

Or :     [2][Devon and Cornwall Constabulary request email]

 

Alliance Information Management Department

Devon & Cornwall Police and Dorset Police

Working together to serve the public

 

 

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[3]www.devon-cornwall.police.uk or [4]www.dorset.police.uk or e-mail
[5][email address] or [6][email address]

References

Visible links
1. mailto:[email address]
2. mailto:[Devon and Cornwall Constabulary request email]
3. http://www.devon-cornwall.police.uk/
4. http://www.dorset.police.uk/
5. mailto:[email address]
6. mailto:[email address]

Dear Devon and Cornwall Constabulary,

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

I am writing to request an internal review of Devon and Cornwall Constabulary's handling of my FOI request 'Arrest'.

The Criminal Justice Department have provided the following information:

Prior to detaining someone in a police vehicle, van or other such or by deprivating their freedom, are you required to inform them that they are under arrest prior to detaining them? Yes or no.

In relation to arrest:

Code G of Police and Criminal Evidence Act paragraph 2.2 states,

The arrested person must be informed that they have been arrested, even if this fact is obvious, and of the relevant circumstances of the arrest in relation to both the above elements. The custody officer must be informed of these matters on arrival at the police station. See paragraphs 2.9, 3.3 and Note 3 and Code C paragraph 3.4.

However, the police also have powers to detain persons without arrest in some circumstances, an example would be Detaining for purpose of a search.

I'm well aware of PACE and I am asking you to confirm that by detaining someone in a vehicle, van or other such means prior to being informed of an arrest is unlawful imprisonment.

I also asked if you were aware, that inviting someone to give a statement at a station and then restricting their movement prior to an arrest, are you aware that this is false imprisonment? Yes or no.

I regret to inform you that your request is not a valid request for information under Section 8 of the Freedom of Information Act 2000. This is because your request is not asking for written information which is held by Devon and Cornwall Police, it asks a question requiring a yes or no answer. This is not information recorded prior to the request being received. You contradict yourself with the previous answer in which you answer a question that requires a yes or no.

The information requested regarding false imprisonment, is clearly in a recorded format, as should the police have no knowledge of procedure, then every single person detained by the police could potentially be unlawful.

I'm well aware of the answer to this, as are solicitors and yourselves. I am asking you publicly to confirm that by inviting someone to a station to give a statment and then arrest them, that this is false arrest.

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,

Max Kerley