Unlawful Search Warrants

Darryl J Lee (Mr.) made this Rhyddid Gwybodaeth request to Cyllid a Thollau Ei Mawrhydi

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

Mae'r cais hwn wedi cael ei dynnu'n ôl gan y sawl a'i wnaeth. Efallai y bydd esboniad yn yr ohebiaeth isod.

Dear HM Revenue and Customs,
BACKGROUND
The Courts have - over recent years - repeatedly Ruled that Applications made by HMRC for Search Warrants and the subsequent execution of those Warrants (By HMRC) were / are Unlawful;
[According to various Judgements] HMRC has repeatedly given information to Magistrates and Judges that was later found to be untrue or otherwise wrong.
There have been a considerable number of Claims for Judicial Review where HMRC have been found to have acted unlawfully, including where Arrests (By HMRC) were / are unlawful.
News stories covering these Judgements often mention HMRC's use of "excessive force" and the use of "bullet-proof jackets".
Commonly, the "suspects" faced no criminal charges despite being held in local Police Stations.

These unlawful and abusive Court Applications and proven unlawful "Dawn Raids" and other unlawful actions by HMRC - including False Imprisonment of innocent people - cost the public purse a great deal.
REQUEST
Please disclose by reference to recorded information the number of times a Court has - in the last 6 years - found the actions of HMRC Officers to be unlawful or illegal (Ignoring cases that are ongoing). [To include where a Court has made a decision in relation to: Search Warrants; Wrongful Arrest; False Imprisonment: Illegal Interviews under Caution; use of excessive force; Assault and Perjury - All by HMRC]

Yours faithfully,

Darryl J Lee (Mr.)

Cyllid a Thollau Ei Mawrhydi

 
 
FOI2016 /00245
 
Thank you for your communication of  4 November 2016 which has been passed
to HMRC’s Freedom of Information Team. 
 
We have allocated the above reference which you should quote if you need
to contact us.  
 
The Team will arrange for a reply to be sent to you which will either
comply with HMRC’s obligations under Freedom of Information Act or, if we
think it’s an enquiry that we don’t need to address under the terms of the
Act, let you know why.  If it is the latter we will, if possible, pass it
on to a more appropriate part of the Department for answer. 
 
HMRC
Freedom of Information Team
 
 
 
 

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This e-mail may have been intercepted and its information altered.

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

Please confirm that you should (according to The Freedom of Information Act) have replied to this request no later than today (December 5th) and that you will respond to my statutory request before the end of today.

Yours faithfully,

Darryl J Lee (Mr.)

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

According to the service provider via which I submitted my request for information ("What do they know...") - and I have no reason to doubt what they say - you ("HMRC") have unlawfully failed to respond before the expiration of a Statutory time-limit.

I am disappointed, even a little surprised that: in a public request for information about increasingly common "Unlawful" acts by HMRC - including executing "Unlawful Search Warrants" and the use of "Excessive Force"; "False Imprisonment" and "abuses of process" that you (HMRC) have again acted unlawfully (Failed to reply within a Statutory time-limit).

Please conduct an internal review into the non-response by HMRC.
Please accept this letter as a pre-action Notice (Warning that proceedings may begin against you at The Information Commissioner's Office).

Yours faithfully,

Darryl J Lee (Mr.)

Cyllid a Thollau Ei Mawrhydi

FOI 245/2016

Dear Mr Lee

Freedom of Information Act 2000 (FOIA)

Thank you for your emails of 5 and 6 December 2016. I am sorry we are late responding to your request. I can assure you it is being dealt with, and a response will be issued as soon as possible.

HMRC takes its responsibilities under the FOIA extremely seriously and although we aim to respond to all requests within the statutory time limit, at times, delays will arise. If you remain unhappy with our response once it has been issued, we will at that stage carry out an internal review.

Yours sincerely

HMRC Freedom of Information Team

The information in this e-mail and any attachments is confidential and may be subject to legal professional privilege. Unless you are the intended recipient or his/her representative you are not authorised to, and must not, read, copy, distribute, use or retain this message or any part of it. If you are not the intended recipient, please notify the sender immediately.

HM Revenue & Customs computer systems will be monitored and communications carried on them recorded, to secure the effective operation of the system and for lawful purposes.

The Commissioners for HM Revenue and Customs are not liable for any personal views of the sender.

This e-mail may have been intercepted and its information altered.

Cyllid a Thollau Ei Mawrhydi

FOI 245/2017
 
Dear Mr Lee
 
Freedom of Information Act 2000 (FOIA) 
 
I am writing regarding your request for information dated 4 November 2016
and apologise for the delay in providing this response.  
 
In your request for information under the FOIA you asked: -  
 
“Please disclose by reference to recorded information the number of times
a Court has - in the last 6 years - found the actions of HMRC Officers to
be unlawful or illegal (Ignoring cases that are ongoing). [To include
where a Court has made a decision in relation to: Search Warrants;
Wrongful Arrest; False Imprisonment: Illegal Interviews under Caution; use
of excessive force; Assault and Perjury - All by HMRC]”
Our records show that in the last 6 years in cases in the civil courts,
fewer than 5 search warrants obtained by HMRC were found to be unlawful
and also that there were findings  against HMRC in fewer than 5 cases
relating to damages for wrongful arrest and false imprisonment (which
includes interviews under caution).
 
Our records also show that in the criminal courts there were fewer than 5
criminal convictions for assault (which includes excessive force) or
perjury against HMRC officers acting in their official duties.
 
I am unable to disclose the specific number, as in disclosing a number
less than 5 there is risk the information could be attributed to a
specific person, or persons, which would prejudice their right to privacy
and would therefore be a breach of Principle 1 of the Data Protection Act
1998.
 
If you are not happy with this reply you may request a review by emailing
[1][email address], or by post to HMRC FOI Team, Room 1C/23,
100 Parliament Street London SWIA 2BQ. You must request a review within 2
months of the date of this letter. It would help us carry out our review
if you set out the aspects of the reply that concern you and why you are
dissatisfied.
 
If you are not content with the outcome of an internal review, you can
complain to the Information Commissioner’s Office (ICO). The ICO will not
usually consider a case unless you have exhausted the internal review
procedure provided by HMRC. You can make a complaint through the ICO’s
website at: [2]www.ico.org.uk, or by post to: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
 
Yours sincerely
 
HMRC Freedom of Information Team  
 
 
 
 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

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

I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Unlawful Search Warrants'.

HMRC have kindly informed me that on fewer than five occasions officers of HMRC have been found guilty of "assault".

HMRC have failed to provide the information requested.

I requested as follows:

"...the number of times a Court has - in the last 6 years - found the actions of HMRC Officers to be unlawful or illegal..." "...To include where a Court has made a decision in relation to: Search Warrants; Wrongful Arrest; False Imprisonment: Illegal Interviews under Caution; use of excessive force; Assault and Perjury..."

I do not limit my request to "in the criminal courts" - as HMRC seem to believe. I merely refer to "a Court".

Please conduct an internal review to determine (a) whether HMRC complied with the law by providing the information within the statutory time limit and (b) whether HMRC has provided the requested information at all.

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

Yours faithfully,

Darryl J Lee (Mr.)

Cyllid a Thollau Ei Mawrhydi

 

Thank you for your correspondence requesting an internal review of a
request made to HMRC under the Freedom of Information Act 2000 (our
reference FOI 2016 00245).

 

A review will be carried out and we shall respond as soon as possible.

 

HMRC Freedom Of Information Act Team

 

 

 

 

 

 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

Re: My request for an Internal Review dated December 8th 2016 of your handling of my Request for Information dated November 4th 2016.

It now being January 4th 2017, you have failed to answer my Request and have failed to conduct an Internal Review.

This note is to invite you to comply with the relevant legislation.

Yours faithfully,

Darryl J Lee (Mr.)

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

This letter reminds you that you have not yet conducted an internal review of your handling of my request for information that you confirmed that you would conduct by an email on January 4 2017. (today is January 30th).

Yours faithfully,

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

Please confirm the date by which you will answer my request for information of November 4 last year having agreed on January 4 of this year conduct an internal review into your failure to answer that request.

Yours faithfully,

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

HMRC Wrote in a communication of January 4, 2017:
"A review will be carried out and we shall respond as soon as possible".

I have not received that response.

Yours faithfully,

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

I would like to WITHDRAW THIS REQUEST FOR INFORMATION and I would like to WITHDRAW THIS REQUEST FOR AN INTERNAL REVIEW.

Yours faithfully,

Darryl J Lee (Mr.)

Cyllid a Thollau Ei Mawrhydi

4 Atodiad

Dear Mr Lee,

 

Please find the attached internal review decision under reference FOI
2017/00020. Please accept my apologies for the delay in responding. I have
copied the Information Commissioner’s Office for information.

 

Yours sincerely

 

 

Peter Harlow

HM Revenue and Customs | Freedom of Information Team

 

 

 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

While I acknowledge receipt of a purported disclosure you appear to have provided a response to some other Request. You provide a Reference number that does not relate to this Request. You appear to responding to a Request made in February 2017; This Request was made in November 2016. The title of this Request was "Unlawful Search Warrants". This Request was Withdrawn by the Requester. The Information Request you purport to be responding to seems to be about "Seizure Documents" (connected with Seizing Cash).

I restate that THIS request ("FOI2016 /00245") WAS WITHDRAWN. You will therefore still need to make any disclosure you see fit in connection with the intended Request.

Yours faithfully,

Darryl J Lee (Mr.)

Darryl J Lee (Mr.)

Dear HM Revenue and Customs,

FOR THE RECORD; THIS REQUEST WAS WITHDRAWN BY THE REQUESTER.

Yours faithfully,

Darryl J Lee (Mr.)