An officer who fails to exercise his duty to the detriment of another person risks 14 years imprisonment
Dear Ministry of Justice,
I am asking for this information on the suggestion of the Home Office (see below):
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.
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.
Please note, under section 8(1) of FOIA, a request for
information must comply with three requirements. It must:
(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.
After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link:
Dear Data Access & Compliance Unit,
fFaudwAtch UK AKA N Gilliatt