Detective Constable Jim Boyling

Edward Williams made this Rhyddid Gwybodaeth request to Metropolitan Police Service (MPS)

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

Yn disgwyl am adolygiad mewnol gan Metropolitan Police Service (MPS) o'u triniaeth o'r cais hwn.

Dear Metropolitan Police Service (MPS),

BACKGROUND
I refer you to the following BBC News article:
https://www.bbc.co.uk/news/uk-15372037

in particular:-

"Det Con Boyling worked in specialist operations at the Metropolitan Police, and was engaged in covert surveillance of the Reclaim The Streets environmental group using the alias Jim Sutton, when he was arrested and charged with other activists at a demonstration in London in August 1996.

Mike Schwarz of law firm Bindmans told Newsnight: "It's institutionalised police corruption of the legal process for this to happen."

He said the case "raises the most fundamental constitutional issues about the limits of acceptable policing, the sanctity of lawyer-client confidentiality and the integrity of the criminal justice system."

FOIA REQUEST
1.Provide all records relating to whether you or the CPS were aware that Boyling was a police officer when he was,
a)arrested
b) interviewed by police (under caution or otherwise)
c) charged with any offence
d)tried by the court with other persons or alone in 1997 or at any other time.

2.Provide all records relating to any disclosure made to any court before, during or after trial, that Boyling was a police officer during the relevant time.

3. Provide all records held relating to meetings held with other defendants and their advisors/counsel when Boyling was present at those meetings. This should include the date of the meetings, a list of persons present and what was discussed. It should also include any recordings of any kind made.

Yours faithfully,

Edward Williams

Metropolitan Police Service (MPS)

Dear Mr Williams

Freedom of Information Request Reference No: 2018060000610

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 14/06/2018.  I note you seek
access to the following information:

"BACKGROUND
I refer you to the following BBC News article:
https://www.bbc.co.uk/news/uk-15372037

in particular:-

"Det Con Boyling worked in specialist operations at the Metropolitan
Police, and was engaged in covert surveillance of the Reclaim The Streets
environmental group using the alias Jim Sutton, when he was arrested and
charged with other activists at a demonstration in London in August 1996.

Mike Schwarz of law firm Bindmans told Newsnight: "It's institutionalised
police corruption of the legal process for this to happen."

He said the case "raises the most fundamental constitutional issues about
the limits of acceptable policing, the sanctity of lawyer-client
confidentiality and the integrity of the criminal justice system."

FOIA REQUEST
1.Provide all records relating to whether you or the CPS were aware that
Boyling  was a police officer when he was, a)arrested
b) interviewed by police (under caution or otherwise)
c) charged with any offence
d)tried by the court with other persons or alone in 1997 or at any other
time.

2.Provide all records relating to any disclosure made to any court before,
during or after trial, that Boyling was a police officer during the
relevant time.

3. Provide all records held relating to meetings held with other
defendants and their advisors/counsel when Boyling was present at those
meetings. This should include the date of the meetings, a list of persons
present and what was discussed. It should also include any recordings of
any kind made."

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 timescale of 20 working days as defined by the Act.  

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above. Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
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 to discuss the
response with the case officer who dealt with your request.  

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk

Twitter: @metpoliceuk

References

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Metropolitan Police Service (MPS)

Dear Mr Williams

Freedom of Information Request Reference No: 2018060000610

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 14/06/2018.  I note you seek
access to the following information:

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.  Please see the legal annex for further
information on this section of the Act.

For your information we are considering the following exemption(s):

Section 30 (investigations and proceedings)

I can now advise you that the amended date for a response is 09/08/2018.

May I apologise for any inconvenience caused.

Should you have any further enquiries concerning this matter, please
contact me via email at [email address], quoting the reference number
above.

Yours sincerely

Brian Wilson
Senior Privacy Advisor

LEGAL ANNEX

Section 17(2) provides:

(2) Where-

a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

 
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 to discuss the
response with the case officer who dealt with your request.  

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk

Twitter: @metpoliceuk

References

Visible links
1. https://m.facebook.com/metpoliceuk

Dear Metropolitan Police Service (MPS)/Mr Wilson,

If you are going to rely on a qualified exemption you need to fully set out the public interest balancing factors.

Yours faithfully,

Edward Williams

Dear Metropolitan Police Service (MPS),

The reply is due in two days (9 August).

Yours faithfully,

Edward Williams

Dear Metropolitan Police Service (MPS),

As you have refused to reply the matter is now with the ICO.

Yours faithfully,

Edward Williams

Metropolitan Police Service (MPS)

1 Atodiad

Dear Mr Williams,

 

Please find attached the MPS response to your outstanding queries which
have been aggregated for the purpose of estimating the cost of complying
with your requests.

 

Regards,

 

Brian Wilson

Senior Privacy Advisor

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: [1]https://m.facebook.com/metpoliceuk 

Twitter: @metpoliceuk

References

Visible links
1. https://m.facebook.com/metpoliceuk

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Detective Constable Jim Boyling'.
.

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

Yours faithfully,

Edward Williams