Providing personal Information under Covid Guidelines/Regulations/Restrictions

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Cleveland Police fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Cleveland Police,

Under Freedom of Information can you please enlighten me on the following.

? Where it states that covid guidelines/regulations or restrictions have the force
of law or legislation.

Where Public have to give out their personal details to be issued fines
under covid regulations or fear Arrest for obstruction if they do not?
As there is no mention of having to supply any personal Information in
legislation by case law(Rice v Connely 1966), Neither in common law.

Primary police role is to uphold the Queens peace and enforce law/legislation.
where the Queens peace has not been breached as of the definitions
in the Breach of this peace is not reached by the definitions of Covid
guidelines/regulations or restrictions.
Therefore how can something be enforced by you, that is not in law or legislation.

Yours faithfully,

Barry Smith

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

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Freedom of Information, Cleveland Police

Enquiry ref: 12782-21

I acknowledge receipt of your enquiry received by this office on 30th March.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 29th April. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

However although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Please note the ‘working day’ is defined as any day other than a Saturday, Sunday or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Freedom of Information, Cleveland Police

Dear Mr Smith

Enquiry Reference: 12782 -21

I write in connection with regards to your request received in this office on 30th March. I note you seek the following:

Under Freedom of Information can you please enlighten me on the following.
? Where it states that covid guidelines/regulations or restrictions have the force of law or legislation.
a) Please see below links to the legislation and the guidelines.

https://www.legislation.gov.uk/coronavirus

https://www.gov.uk/guidance/covid-19-cor...

Where Public have to give out their personal details to be issued fines under covid regulations or fear Arrest for obstruction if they do not?
As there is no mention of having to supply any personal Information in legislation by case law (Rice v Connely 1966), Neither in common law.
a) Please clarify what specifically you are requesting and we will endeavour to answer the question.

Primary police role is to uphold the Queens peace and enforce law/legislation.
where the Queens peace has not been breached as of the definitions in the Breach of this peace is not reached by the definitions of Covid guidelines/regulations or restrictions.
Therefore how can something be enforced by you, that is not in law or legislation.

Having made enquiries within the Force above is all the information we have been able to retrieve. The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused.

If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Dear Freedom of Information,

Thank you very much for your reply, I have since found the Coronavirus legislation on the gov website, however, I am having a problem finding the case law that gives the coronavirus legislation the power that people have to give out their personal details, that beats the case law rice v Connolly 1966 that states public do not have to give out personal details to you.
So if you could be so kind as to forward this to me I would be most grateful.

Yours sincerely,

Barry Smith

Freedom of Information, Cleveland Police

Enquiry Ref: 12907- 2021

I acknowledge receipt of your request for information received by this office on 10th May.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 8th June 2021. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Freedom of Information, Cleveland Police

Dear Mr Smith,

Enquiry Ref: 12907/2021

I write in connection with your request for information dated 10th May 2021 and received by this office on that date.
Below are the questions raised in your request and our response.

Thank you very much for your reply, I have since found the Coronavirus legislation on the gov website, however, I am having a problem finding the case law that gives the coronavirus legislation the power that people have to give out their personal details, that beats the case law rice v Connolly 1966 that states public do not have to give out personal details to you.
a) We have made enquiries regarding your request and must advise that The Police and Criminal Evidence Act (PACE), s24(1)(d) is an authority for police officers to arrest an individual for the purpose as stated under s24(5)(a) and that a constable can arrest on reasonable grounds for believing that any of the reasons mentioned in subsection (5) apply.
The PACE Act can be viewed via the below link.
https://www.legislation.gov.uk/ukpga/198...

Please note any statistical data supplied in relation to Freedom of Information requests is a snapshot of data held at the time the request was received by the Freedom of Information office and is subject to constant change/updates.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused and thank you for your patience. If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

dangos adrannau a ddyfynnir

Dear Freedom of Information,

I thank you for your swift reply to my F.O.I supplying personal details under coronavirus Restrictions/Regulations/guidance.

You have stated PACE s24(1)(d) is an authority for police officers to arrest an individual for the purpose as stated under s24(5)(a) and that a constable can arrest on reasonable grounds for believing that any of the reasons mentioned in subsection (5) apply.

But have failed to provide me with where it states I HAVE to give out my personal details.

The sections above are ok for your police officers to Arrest for the purpose of finding out someone's details by way of putting them on the live scan, but nothing about HAVING to give their personal details out.
Someone is either very much mistaken regarding this legislation or is trying to purposely mislead me into believing that the public has to give out their details.

Rice v Connelly 1966 states that the public does NOT need to give their personal details out to the police or interact with them in any way and has not been amended by any other case law in any way shape or form to state that the public now has to give out their personal information when asked by a police person, or under any legislation.

So Therefore I shall ask the question again.
Please can you provide me with information/details that STATES that I HAVE to give out my personal details under Coronavirus Regulations/Restrictions/Guidelines

Yours sincerely,

Barry Smith

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]