An officer who fails to exercise his duty to the detriment of another person risks 14 years imprisonment
Dear Home Office,
Under subsection (2) of Section 26 of the Criminal Justice and Courts Act 2015 a police officer "is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both)" if he fails under subsections (5) and (6) of the 2015 Act to exercise a power for the purpose of achieving the detriment of another person.
Within the last few months Humberside police has, to my knowledge, stated the following in relation to two separately reported incidents of perjury; - one committed by North East Lincolnshire Council, and the other by two members of the public in their witness statements which were outright lies.
"Humberside Police do not investigate allegations of perjury unless a request to do so comes from the court themselves."
Please see the link below which is a letter dated 13 January 2016 containing the above statement.
https://www.whatdotheyknow.com/request/h...
There has clearly been a failure in exercising police powers in both cases to the detriment of another person for which the officer who has acted improperly is open to the risk of a term of imprisonment or a fine (or both).
Please disclose all related material (statutory or policy) which lawfully permits or advises police forces that they may refuse to investigate allegations of perjury unless a request to do so comes from the court.
Yours faithfully,
fFaudwAtch UK
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fFaudwAtch UK,
Thank you for contacting the Home Office with your request.
This has been assigned to a caseworker (case ref 38923). We will aim to send you a full response by 14/04/2016 which is twenty working days from the date we received your request.
If you have any questions then please do not hesitate to contact us.
Thank you,
P. Zebedee
FOI Requests
Home Office
Please find attached our response to your Freedom of Information request.
Home Office
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Dear FOI Responses,
"I would also like to inform you that should you be dissatisfied with the service you have received from the police in this instance, you can make a complaint under Part 2 of the Police Reform Act 2002."
The problem with your suggestion is that police officers are responsible for investigating their own colleagues.
There is a systematic abuse of the complaints and appeal process that needs to be escalated for the attention at the highest level. There must be some action which can be taken by the Home Office which can make an impact on reforming the dysfunctional process.
I realise that the matters are governed by statutory procedures and for that reason outside interference is restricted. However, the existence of the statutory complaints process should not be seen by the force as an excuse for unaccountability, even though that is in effect what the statutory process enables. It can not have been parliament's intention when legislating the relevant Act, that all the concerns of the public should be opposed as a matter of course merely on account of there being a complaint and series of appeal processes.
There comes a point when an outside body should consider it appropriate to intervene (if not in the appeal process then the abuse of it) as too many people's lives are taken over by these issues.
Yours sincerely,
fFaudwAtch UK
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Please find a response attached.
Kind regards,
Public Enquiries
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fFaudwAtch UK (Account suspended) left an annotation ()
18 April 2016
Dear fFaudwAtch UK,
Thank you for your email of 6 April 2016 in response to our FOI response to you ref: 38923. I have been asked to respond on behalf of the Home Office.
I am sorry that you continue to remain dissatisfied with Humberside Police force.
I am afraid that I have nothing further to add from my previous correspondence to you. I am afraid that the Home Office and its Ministers are not able to intervene in individual cases. This is to ensure that the police are free to conduct their duties independently and free from political influence.
In making a complaint through the police complaints system you will be taking the correct course of action. Additionally you can also write to your local Police and Crime Commissioner with your concern.
Yours sincerely
Lisa Gregson
6 APRIL 2016 EMAIL REFERRED TO ABOVE:
"The problem with your suggestion is that police officers are responsible for investigating their own colleagues.
There is a systematic abuse of the complaints and appeal process that needs to be escalated for the attention at the highest level. There must be some action which can be taken by the Home Office which can make an impact on reforming the dysfunctional process.
I realise that the matters are governed by statutory procedures and for that reason outside interference is restricted. However, the existence of the statutory complaints process should not be seen by the force as an excuse for unaccountability, even though that is in effect what the statutory process enables. It can not have been parliament's intention when legislating the relevant Act, that all the concerns of the public should be opposed as a matter of course merely on account of there being a complaint and series of appeal processes.
There comes a point when an outside body should consider it appropriate to intervene (if not in the appeal process then the abuse of it) as too many people's lives are taken over by these issues."