Legal Proceedings taken by Martin McGartland against Northumbria Police ...

Jeff Hayward made this Rhyddid Gwybodaeth request to Northumbria Police

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

Gwrthodwyd y cais gan Northumbria Police.

Dear Northumbria Police,
I have read that Martin McGartland has began ‘legal proceedings’ against Northumbria Police,
“You will be aware that I have begun legal proceedings (on or around
30th March 2012) against Northumbria Police relating to both the
cover-up of my 1999 shooting and also because of Misfeasance in
public office.” { http://www.whatdotheyknow.com/request/ma... }
I am requesting all recorded information you hold concerning the above and also the following,
1. Has Martin McGartland began ‘legal proceedings’ against Northumbria Police?
2. If ‘legal proceedings’ have began please supply reasons and grounds.
3. Have Northumbria Police informed Home Office about the ‘legal proceedings’. If so, why?
4. Is this the first and only time Martin McGartland has taken ‘legal proceedings’ against Northumbria Police? If not, please supply details of any other cases including outcome of such cases.

Yours faithfully,

Jeff Hayward

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

The Police are a law on themselves, how can any person have respect or even trust the police. Have you seen this :-( :-(

Yet more Police corruption, Ex-Cleveland PC Sultan Alam wins £840,000 damages. Cleveland police admitted malicious prosecution : http://www.guardian.co.uk/uk/2012/apr/16...

The Martin McGartland case and the Northumbria Police Corruption:

http://youtu.be/11yk7p3KpSI

http://youtu.be/zZ7zsUJYEmk

http://youtu.be/6q5WkKdhuP0

www.martinmcgartland.co.uk

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Northumbria Police are breaking the law (again) ... they are even trying to conceal their reply to the above request, see here:

http://www.scribd.com/martymcgartland/d/... by deliberately adding it to another page.

www.martinmcgartland.co.uk

http://www.youtube.com/user/dufferpad

Northumbria Police

From:        Freedom of Information Mailbox on 16/04/2012 16:43

Sent by:        Helen Robbins

To:        request[email address]
cc:        
Subject:        Freedom of Information Act 2000 (FOIA) Request 373/12 -
Legal Proceedings Against Northumbria Police [NOT PROTECTIVELY MARKED]

Freedom of Information Act 2000 (FOIA) Request 373/12 - Legal Proceedings
Against Northumbria Police
Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly.  A response should be provided by 14 May 2012.

Yours sincerely

Helen Robbins

Disclosure Section

[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
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For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Northumbria Police

1 Atodiad

From:        Freedom of Information Mailbox on 27/04/2012 15:24

Sent by:        Jan McEwan

To:        request[email address]
cc:        
Subject:        Freedom of Information Act 2000 (FOIA) Request 373/12 -
Legal Proceedings Against Northumbria Police [NOT PROTECTIVELY MARKED]
Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 16 April 2012 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.
 
You asked:

I have read that Martin McGartland has began ‘legal proceedings’ against
Northumbria Police, "You will be aware that I have begun legal proceedings
(on or around 30th March 2012) against Northumbria Police relating to both
the cover-up of my 1999 shooting and also because of Misfeasance in public
office."
{http://www.whatdotheyknow.com/request/ma...

I am requesting all recorded information you hold concerning the above and
also the following,

1.        Has Martin McGartland began ‘legal proceedings’ against
Northumbria Police?

2.        If ‘legal proceedings’ have began please supply reasons and
grounds.

3.        Have Northumbria Police informed Home Office about the ‘legal
proceedings’. If so, why?

4.        Is this the first and only time Martin McGartland has taken
‘legal proceedings’ against Northumbria Police? If not, please supply
details of any other cases including outcome of such cases.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at a1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemptions are relied upon
Section 17 of FOIA requires that we provide the applicant with a notice
which: a) states that fact b) specifies the exemption(s) in question and
c) state (if that would not otherwise be apparent) why the exemption
applies.

Northumbria Police can neither confirm not deny that it holds the
information relevant to your request as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemption:-

Section 40 (5) Personal Information

The duty to confirm or deny:-

(a)        does not arise in relation to information which is (or if it
were held by the public authority would be) exempt information by virtue
of subsection (1), and (b) does not arise in relation to other information
if or to the extent that either -
(i)        the giving to a member of the public of the confirmation or
denial that would have to be given to comply with Section 1(1)(a) would
(apart from this Act) contravene any of the data protection principles or
Section 10 of the Data Protection Act 1998 or would do so if the
exemptions in Section 33A (1) of that Act were disregarded, or
(ii)        by virtue of any provision of Part IV of the Data Protection
Act 1998 the information is exempt from Section 7(1)(a) of that Act (data
subject's right to be informed whether personal data being processed).

When citing Section 40 (5) there is a requirement to articulate the public
interest to ensure that neither confirming nor denying that information
exists is the appropriate response.  I have set this out below.

Public Interest Test:-

The Police Service will not disclose whether it is subject to legal
proceedings, or whether legal proceedings are taking place, unless that
information has already been placed in the public domain, through channels
such as the media or the court process rather than a comment made by an
individual.

A disclosure under Freedom of Information is a release of information to
the world in general and not an individual applicant.  Therefore, simply
confirming or not that such information, if any, were held would disclose
personal information about an individual.  The Police Service will not
confirm to the world in general whether or not an individual is involved
in legal proceedings.

This should not be taken as an inference that the information you have
requested, does or does not exist.

You should consider this to be a refusal notice under Section 17 of the
Act for your request.

You may be interested to know that Northumbria Police routinely publish
information that has been disclosed by Northumbria Police in response to
requests made under the Freedom of Information Act 2000 via the Disclosure
Log.  The aim of the Disclosure Log is to promote openness and
transparency by voluntarily placing information into the public arena.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the
public interest.  The Disclosure Log will be updated once responses have
been sent to the requester.  I have provided the relevant link below:-

[1]http://www.northumbria.police.uk/foi/dis...

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police.  Your use of the information must
be strictly in accordance with the Copyright Designs and Patents Act 1988
(as amended) or such other applicable legislation.  In particular, you
must not re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial:  01661 868347
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[2]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/foi/dis...
2. http://www.northumbria.police.uk/