Refusal to provide name during search warrant

Christopher Green made this Rhyddid Gwybodaeth request to Y Gorfforaeth Ddarlledu Brydeinig

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

Roedd y cais yn rhannol lwyddiannus.

Christopher Green

Dear British Broadcasting Corporation,

This request concerns the Capita TV Licensing Visiting Procedures, Chapter 10 Search Warrants, page 81 of Issue 5 Revision 5.

A paragraph usually redacted by the BBC states "NB - a refusal to provide name, to cooperate with the interview or to otherwise be "difficult" does not amount to an obstruction of the warrant". This is, of course, correct - the warrant authorises entry to search the premises and examine and test any television receiver found there." The warrant does not empower the TVL/Capita employees to force, bully or otherwise coerce the occupier into giving his or
her personal details, under caution or otherwise.

Kindly explain, in light of the above therefore, the reason behind the next paragraph " If the occupant refuses to give their name to the EO when executing the warrant, the accompanying Police Officer should be asked to intervene and request the information".

Is it BBC policy to incite the police to bully the occupier into providing information under oppression which TVL/Capita employees have no power under the warrant to obtain?

Are you aware that under PACE code C 11.5 no interviewer may try to obtain answers or elicit a statement by the use of oppression? Do you consider the BBC outside the scope of PACE?

Are you aware that if the police complied with the request to obtain the occupier's name under oppression and then conveyed that information to Capita/TVL, the police officers would be committing an offence under the Data Protection Act 1998 (DPA)?

With reference to this video https://www.youtube.com/watch?v=WQDqEVpM... the TVL/Capita employee clearly incites the police officers to obtain the occupier's name under oppression "threat of being "done" for "obstruction"" and the female police officer then accesses the Police National Computer illegally - committing misconduct and a breach of the DPA in the process. Is it BBC policy to incite police officers to commit acts of misconduct and to act illegally?

The next paragraph states "If a person suspected of committing an offence refuses to give their name to a Police Officer when asked to do so, the Police Officer may arrest and detain that individual in order to identify them. The name & number of the Police Officer must be noted".

Are you aware that this statement has no legal foundation whatsoever?
Did the BBC seek or obtain any legal advice on this statement?
Please provide a copy.
Are you aware that police officers only have powers to demand name and address when they have grounds to believe an offence of interest to the police has been, is being , or is about to be committed but that they have no powers or duties to demand name and address or to arrest suspects in respect to alleged TV licence evasion?

When will the training manual be updated to remove instructions to Capita/TVL employees to incite police officers to attempt to obtain information under oppression, commit acts of misconduct and breaches of the DPA?

Yours faithfully,

Christopher Green

FOI Enquiries, Y Gorfforaeth Ddarlledu Brydeinig

1 Atodiad

 

 

Dear Christopher Green

 

Thank you for your request for information under the Freedom of
Information Act 2000, as detailed in your email. Your request was received
on 08/03/2018.  We will deal with your request as promptly as possible,
and at the latest within 20 working days. If you have any queries about
your request, please contact us at the address below.

 

The reference number for your request is RFI20180442.

 

Kind regards,

 

 

Information Rights

 

BBC Freedom of Information

BC2 A4, Broadcast Centre

201 Wood Lane

London W12 7TP

                                                                                              

[1]www.bbc.co.uk/foi

Email: [2][BBC request email]

 

Tel: 020 8008 2882

[3]cid:image001.gif@01D3B6DC.11DBBC70

 

 

 

dangos adrannau a ddyfynnir

FOI Enquiries, Y Gorfforaeth Ddarlledu Brydeinig

2 Atodiad

Dear Mr Green,

 

Please find attached the response to your request for information,
reference RFI20180442.

 

Kind regards

 

Information Rights

 

BBC Freedom of Information

BC2 A4, Broadcast Centre

201 Wood Lane

London W12 7TP

 

[1]www.bbc.co.uk/foi

Email: [2][BBC request email]

 

Tel: 020 8008 2882

[3]cid:image001.png@01D2EE68.C9C0F040

 

 

References

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