Average detention time when using right to legal advice and when not

The request was partially successful.

Dear Metropolitan Police Service (MPS),

Please provide in a spreadsheet the following data per month for the last 12 months.

a) the number of person detained who didn't use their right to legal advice

b) the number of person detained who used their right to legal advice

c) the average detention time for detainees who didn't use their right to legal advice

d) the average detention time for detainees who used their right to legal advice

e) the average wait for booking

f) the average numbers of cells available

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Request Reference No: 2017010000363

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 11/01/2017.  I note you seek
access to the following information:

* Please provide in a spreadsheet the following data per month for the
last 12 months. a) the number of person detained who didn't use their
right to legal advice b) the number of person detained who used their
right to legal advice c) the average detention time for detainees who
didn't use their right to legal advice d) the average detention time
for detainees who used their right to legal advice e) the average wait
for booking f) the average numbers of cells available

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act.  

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above. Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

Peter Deja
Support Officer - Freedom of Information Triage Team
 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Metropolitan Police Service (MPS),

As your response is now overdue, please provide the requested information promptly and if not today inform me when this will be. Note that any delay in responding should have been communicated at the earliest opportunity.

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery,

Thank you for your email. I am sorry that we have not been able to respond to your request with in the 20 working day time frame. I have checked our system and can see that the person dealing with your request is Ian Burgess.

Ian can you give Mr Mery an update on his request please?

Regards,

David.

show quoted sections

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Request Reference No: 2017010000363

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 11/01/2017.  

I am sorry that you have not received a suitable response within the 20
working days stipulated by the Freedom of Information Act 2000 (the Act).
 

The MPS have received a high number of FOI requests and often these
matters can be complex, involving input from various units across the MPS
and, due to our national remit in some areas, other police forces/partner
organisations.

Unfortunately with the current demands placed on the MPS we have been
unable to respond to requests as quickly as we would have hoped. We
appreciate that many of our requestors have their own deadlines to adhere
to whether that be an article to write, an essay to complete or research
for a publication and we apologies for any inconvenience this delay has
caused.      
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
        Your request is currently sitting with management for sign-off. I
will respond to you as soon as possible.

I would like to thank you for your patience in awaiting my response.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Yours sincerely

Ian Burgess
Information Manager

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, phone or
write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 745
 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Mr Burgess,

Can you please remind management that any further delay in signing off this FoI response, which is already delayed, makes a mockery of s10(1) of the Freedom of Information Act.

Yours faithfully,

David Mery

Dear Mr Burgess,

It is more than a week that you are in breach of s10(1) of the Freedom of Information Act. And not only have you not sent a substantive response, you have not even had the courtesy of stating a date your overdue response will be sent.

You wrote on 2017-02-10 that the 'request is currently sitting with management for sign-off.' This request is similar to an earlier one of mine (https://www.whatdotheyknow.com/request/a...) with only one simple additional piece of information requested so the sign off should take no time.

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Mery,

Freedom of Information Request Reference No: 2017010000363

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 11th January 2017. I apologise
for the delay in responding to your request and any inconvenience caused.
 I note that you seek access to the following information:

"Please provide in a spreadsheet the following data per month for the last
12 months.

a) the number of person detained who didn't use their right to legal
advice

b) the number of person detained who used their right to legal advice

c) the average detention time for detainees who didn't use their right to
legal advice

d) the average detention time for detainees who used their right to legal
advice

e) the average wait for booking

f) the average numbers of cells available."

SEARCHES TO LOCATE INFORMATION

Following receipt of your request, I have conducted searches to locate
information relevant to your request. These searches located the requested
information.

DECISION

I have disclosed the located information to you.

In response to your request for:

Please provide in a spreadsheet the following data per month for the last
12 months.

a) The number of person detained who didn't use their right to legal
advice

b) The number of person detained who used their right to legal advice

c) The average detention time for detainees who didn't use their right to
legal advice

d) The average detention time for detainees who used their right to legal
advice

e) The average wait for booking

Please refer to the Portable Document Format (PDF) attached for the
requested information.

In response to your request for:

f) The average numbers of cells available.

The information requested cannot be provided as the searches have failed
to locate information that is relevant to your request, therefore, the
information you have requested is not held by the MPS.

COMPLAINT RIGHTS

This notice concludes your request for information. I would like to thank
you for your interest in the MPS.

Should you have any further enquiries concerning this matter, please
contact me at the address at the top of this email quoting the reference
number above.

Yours sincerely

Ian Burgess
Information Rights Manager

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 10 Lambs Conduit Street, London, WC1N 3NR.
 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Mr Burgess,

Thank you for your belated response. Can you please provide the data in a spreadsheet as requested (instead of a PDF of the spreadsheet).

Also can you please explain why the same information for the three overlapping months Jan-March 2016 is slightly different between your response and that to my earlier FoI request at https://www.whatdotheyknow.com/request/a...

From the earlier response the total numbers of detainees for Jan-March 2016 are respectively: 17630, 16583 and 16793. In your response these are 17411, 16379 and 16606.

From the earlier response the average wait for booking times for Jan-March 2016 are respectively: 22, 22 minutes and 21. In your response these are 21, 21 and 20 minutes.

Lastly, from the earlier response the average detention times for Jan-March 2016 are respectively: 858, 869 and 879 minutes. In your response these are 876, 888 and 895 minutes (calculated by doing a weighted average of the two provided averages)

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Mery

 

Re : Freedom of Information Request Reference No: 2017010000363

 

I write with reference to your email below.

 

In response to your question :

 

“Can you please explain why the same information for the three overlapping
months Jan-March 2016 is slightly different between your response and that
to my earlier FoI request at
https://www.whatdotheyknow.com/request/a....

 

 

The information provided by the MPS were slightly different because the
questions in relation to Request Reference No: 2016030000868 and
2017010000363 were very different.

 

Please see questions received by the MPS below :

 

 

1.   Freedom of Information Request Reference No: 2016030000868
(16/03/2016)

 

Please provide in a spreadsheet the following data per month for the two
years until the latest data is available.

 

a) the average detention time

 

b) the average wait for booking

 

c) the average numbers of cells available

 

d) the number of person detained that month

 

from 2014-03-01 to 2016-02-29.

 

 

2. Freedom of Information Request Reference No: 2017010000363 (24/01/2017)

 

Please provide in a spreadsheet the following data per month for the last
12 months.

 

a) the number of person detained who didn't use their right to legal
advice

 

b) the number of person detained who used their right to legal advice

 

c) the average detention time for detainees who didn't use their right to
legal advice

 

d) the average detention time for detainees who used their right to legal
advice

 

e) the average wait for booking

 

f) the average numbers of cells available

 

 

The waiting time is the only information that could be compared (between
Request Reference  no : 2016030000868 and 2017010000363) as the other
information relates to solicitor requested or not. Therefore it is not the
same question.

 

In response to the waiting time information received :

 

Disclosure on our reports clearly state that the systems used for
recording these figures are not generic, nor are the procedures used
locally in capturing the crime data. It should be noted that for these
reasons this force's response to your questions should not be used for
comparison purposes with any other response you may receive.

 

I have attached the excel version for Request Reference No: 2017010000363,
as requested to this email.

 

 

Yours sincerely,

 

Ian Burgess

Information Rights Manager

 

 

show quoted sections

Dear Mr Burgess,

Thank you for your response.

Yours faithfully,

David Mery

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Average detention time when using right to legal advice and when not'.

I am concerned that, as is too often the case with FoI requests to the MPS, the response was sent late in breach of s10(1) of the Freedom of Information Act. I was not informed that the response was going to be delayed and when I was told it was awaiting sign-off, there was no indication of how long this would take.

Again, the response was initially provided as a PDF when my request had explicitly asked for 'a spreadsheet'. Is this a further delaying tactic as the same had happened to an earlier FoI request?

I queried the discrepancy in the data for the three overlapping months between this response and that to my earlier request ref 2016030000868. Mr Burgess reminded me of the note 'Disclosure on our reports clearly state that the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force's response to your questions should not be used for comparison purposes with any other response you may receive.' However he missed the important first sentence of this note, so here it is in full: 'Police forces in the United Kingdom are routinely required to provide crime statistics to government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force's response to your questions should not be used for comparison purposes with any other response you may receive.' My understanding of this note in full is that one cannot compare responses from different police forces to identical questions. Surely the MPS must know how many persons were detained per month, and I also do not understand how the time waiting and in detention can vary so substantially between two requests that according to their notes both 'uses LIVE DATA extracted from: NSPIS'. That would imply that the data requested has significantly changed in NSPIS between the two responses. If so, how can a couple of hundred persons (219 for Jan 2016, 204 for Feb 2016 and 187 for March 2016) be de-arrested per month several months after the month of their arrest?

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

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery

Freedom of Information Review Reference No: 2017020001117

I write in connection with your request for a review of the handling
and/or decision relating to  2017010000363 which was received by the
Metropolitan Police Service (MPS) on  24/02/2017.  

A review will now be conducted in accordance with the Code of Practice
issued under Section 45 of the Freedom of Information Act 2000 (the Act).
 The reviewing officer will reconsider the original request before
responding to you with their findings.

There is no statutory time limit in relation to the completion of an
Internal Review.  However, the MPS aim to complete Internal Reviews within
20 working days or in exceptional cases, within 40 working days.  This is
based upon guidance published by the Information Commissioner.

If it is not possible to complete the Internal Review within this
timescale you will be informed at the earliest opportunity.

If you are unhappy with the outcome of an Internal Review you may wish to
refer the matter to the Information Commissioner's Office (ICO).

For information on how to make an application to the Information
Commissioner please visit their website at www.ico.org.uk.  Alternatively,
write to or phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Dear Ms Loizou,

As the MPS has now failed in its 'aim to complete Internal Reviews within 20 working days', I would appreciate to be informed of when I can expect this review to be completed by?

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

Dear Mr Mery,

I have checked our system and can see that the person dealing with your Internal Review is Brian Wilson. Brian, please would you give Mr Mery an update on his review?

Regards,

David.

show quoted sections

Dear Metropolitan Police Service (MPS),

It is another week since David's email and I haven't heard back at all, neither a substantive response nor even an indication of when the the internal review will be completed, from Mr Wilson. This demonstrates a lack of respect for the FoIA and myself.

Yours faithfully,

David Mery

Dear Metropolitan Police Service (MPS),

May I remind you that I am still waiting for a substantive response or an explanation about what makes my internal review request an exceptional case, and that in any case there is now only one week left for the period of 40 working days within which you aim to complete such exceptional cases.

Yours faithfully,

David Mery

Dear Metropolitan Police Service (MPS),

It is now more than 40 working days since my internal review request and I have not received any explanation as to why it is an exceptional case taking you more than the typical 20 working days, nor why it is taking you longer than the typical 40 working days for exceptional cases, neither the outcome of your review.

You leave me no other option other than having to start a complaint procedure with the ICO.

Yours faithfully,

David Mery

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Mery

Freedom of Information Review Reference No: 2017020001117

Please find attached the MPS response to your request for an internal
review in relation to your FoIA request for information regarding the
custody detention/waiting times (ref: 2017010000363).

Yours sincerely

Brian Wilson
Information Law Advisor

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Mr Wilson,

Thank you for your very detailed eventual review. This is much appreciated.

Even though you consider 'the difference between the 2 sets of data are relatively minor in percentage terms', the changing number of detainees in custody per month -for the same months- as recorded in NSPIS is weird and I still do not comprehend it even with your explanations. Surely the custody record is created soon after an arrest, so likely most of them are on the same date, and even if arrival in custody for an earlier arrest happens after midnight, even fewer of these cases will happen at the months boundaries that matter for these stats.

You hint that a possible long term solution would be for there to be a national recording standard for data relating to custody detention. Do you know what is the process for that? Can one make a suggestion for it to be considered by whoever decides when/if it is appropriate to create a new national recording standard, and if so who should I contact?

Yours faithfully,

David Mery

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org