CCTV footage

Edward Williams made this Freedom of Information request to Hampshire Constabulary

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

The request was refused by Hampshire Constabulary.

Dear Hampshire Constabulary,

Background -
Kearney v Hampshire Police [2019] EWCA Civ 1841 (31 October 2019)
https://www.bailii.org/ew/cases/EWCA/Civ...

"The Appellant, Roger Kearney, has been seeking to challenge by judicial review, the failure or refusal by the Chief Constable of Hampshire Police, the Respondent, to disclose original CCTV footage said to be relevant to his appeal against his conviction for murder. Andrews J refused permission to apply for judicial review. She held the application was totally without merit ("TWM") so that the Appellant was not entitled to renew his application at an oral hearing."

"Subsequently, in December 2012 the Appellant made an application to the Criminal Cases Review Commission ("the CCRC") to refer his conviction to the Court of Appeal Criminal Division. To support his application to the CCRC, the Appellant requested (for the first time) the original CCTV footage from which extracts were produced by the prosecution at his trial and assembled in a compilation disc played to the jury at trial. It is his case that the original footage is relevant to the question whether or not he left home in sufficient time to have committed the murder before he arrived at his place of work that evening. It is therefore relevant to the safety of his conviction and his alibi for the relevant time. The Appellant has obtained a preliminary report from an expert expressing a positive view on this question but he has asked to see the original CCTV footage given issues as to the quality of the compilation footage."

REQUEST
Disclose CCTV footage referred to above.

Note
Once you agree to disclosure we can discuss means of disclosure - i.e. disc etc format etc.

Yours faithfully,

Edward Williams

Hampshire Constabulary

1 Attachment

Dear Mr Williams,

 

FREEDOM OF INFORMATION REQUEST CM/PA/002885/19

 

I write in response to the above referenced Freedom of Information request
submitted on the 1 November 2019, Hampshire Constabulary has now
considered this request, which has been repeated below and have responded
accordingly.

 

+--------------------------------------------------------------------------------+
|Background - |Hampshire Constabulary|
| |can neither confirm nor|
|Kearney v Hampshire Police [2019] EWCA Civ 1841 (31|deny that it holds the|
|October 2019)|information you|
|https://www.bailii.org/ew/cases/EWCA/Civ... as the duty in|
| |s1(1)(a) of the Freedom|
|  |of Information Act 2000|
| |does not apply, by|
|"The Appellant, Roger Kearney, has been seeking to|virtue of the following|
|challenge by judicial review, the failure or refusal by|exemptions: |
|the Chief Constable of Hampshire Police, the| |
|Respondent, to disclose original CCTV footage said to|  |
|be relevant to his appeal against his conviction for| |
|murder. Andrews J refused permission to apply for|S40(5)(a) Personal |
|judicial review. She held the application was totally|information |
|without merit ("TWM") so that the Appellant was not| |
|entitled to renew his application at an oral hearing." |  |
| | |
|  |Information disclosed|
| |under the Freedom of|
|"Subsequently, in December 2012 the Appellant made an|Information Act is|
|application to the Criminal Cases Review Commission|disclosed into the|
|("the CCRC") to refer his conviction to the Court of|public domain,|
|Appeal Criminal Division. To support his application to|effectively to the|
|the CCRC, the Appellant requested (for the first time)|world, not just to one|
|the original CCTV footage from which extracts were|individual.  To confirm|
|produced by the prosecution at his trial and assembled|or deny whether personal|
|in a compilation disc played to the jury at trial. It|information exists in|
|is his case that the original footage is relevant to|response to your request|
|the question whether or not he left home in sufficient|could publicly reveal|
|time to have committed the murder before he arrived at|information about an|
|his place of work that evening. It is therefore|individual or|
|relevant to the safety of his conviction and his alibi|individuals, thereby|
|for the relevant time. The Appellant has obtained a|breaching the right to|
|preliminary report from an expert expressing a positive|privacy afforded to|
|view on this question but he has asked to see the|persons under the Data|
|original CCTV footage given issues as to the quality of|Protection Act. |
|the compilation footage." | |
| |  |
|  | |
| |When confirming or|
|REQUEST |denying that information|
| |is held would breach an|
|Disclose CCTV footage referred to above. |individual's rights|
| |under the Data|
|  |Protection Act, Section|
| |40(5) becomes an|
|  |absolute exemption, and|
| |there is no requirement|
| |for me to provide|
| |evidence of the|
| |prejudice that would|
| |occur, or to conduct a|
| |public interest test. |
| | |
| |  |
| | |
| |Where personal|
| |information is requested|
| |under FOI that relates|
| |specifically to the|
| |applicant or a third|
| |party, anything other|
| |than a neither confirm|
| |nor deny response would|
| |inadvertently disclose|
| |personal information. |
| | |
| |  |
| | |
| |This letter, however,|
| |should not be taken as|
| |confirmation that we|
| |hold the information you|
| |have requested. |
| | |
| |  |
| | |
| |  |
| | |
| |                        |
+--------------------------------------------------------------------------------+

 

Please note that an individual may obtain their own personal data, if held
by the force, by exercising their right of access under GDPR.  An
application form for this process has been included with this letter.

 

For full disclosure of any information that may be held, including the
personal data of others, you may wish to contact your legal representative
to discuss the possibility of obtaining a court order.

 

COMPLAINT RIGHTS

 

If you are dissatisfied with the handling procedures or the decision made
by Hampshire Constabulary, you can lodge a complaint with the force to
have the decision reviewed within 2 months of the date of this response.
Complaints should be made in writing to the Public Access office at the
address at the top of this letter.

 

If, after lodging a complaint with Hampshire Constabulary, you are still
unhappy with the outcome, you may make application to the Information
Commissioner at the Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF, via telephone on 0303 123 1113 or
01625 545745 or at the website [1]www.ico.org.uk

 

 

Sue Adcock | Public Access

Joint Information Management Unit | Hampshire Constabulary & Thames Valley
Police

Telephone 02380 479580 | Internal 463 1754

Address: Hampshire Constabulary, Mottisfont Court, Tower Street,
Winchester, Hampshire SO23 8ZD.

 

Information Management Helpdesk:

Hampshire :[2][email address] / 02380
479580 (Int 463 1754)

Thames Valley: [3][email address] /
01865 542051 (Int 300 329)

 

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References

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

Dear Hampshire Constabulary,

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

I am writing to request an internal review of Hampshire Constabulary's handling of my FOI request 'CCTV footage'.

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

Yours faithfully,

Edward Williams

Hampshire Constabulary

Dear Mr Williams,

 

FREEDOM OF INFORMATION REQUEST CM/PA/002886/19

 

I refer to your email dated the 1 November 2019, requesting that Hampshire
Constabulary review the response to your request for information under the
Freedom of Information Act.

 

The internal review will be conducted by Jason Russell, Senior Public
Access Manager and a response will be issued to you within 20 working
days.

 

Should you have any further queries in the meantime, please do not
hesitate to contact this unit.

 

 

Sue Adcock | Public Access

Joint Information Management Unit | Hampshire Constabulary & Thames Valley
Police

Telephone 02380 479580 | Internal 463 1754

Address: Hampshire Constabulary, Mottisfont Court, Tower Street,
Winchester, Hampshire SO23 8ZD.

 

Information Management Helpdesk:

Hampshire :[1][email address] / 02380
479580 (Int 463 1754)

Thames Valley: [2][email address] /
01865 542051 (Int 300 329)

 

show quoted sections

References

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1. mailto:[email address]
2. mailto:[email address]

Hampshire Constabulary

1 Attachment

 

show quoted sections

Edward Williams left an annotation ()

Reported to ICO today.

Matt Knight left an annotation ()

The Information Commissioner's Office issued a Decision Notice (FS50893588) on this matter.

It can be seen at: https://ico.org.uk/media/action-weve-tak...

--
Matt
WhatDoTheyKnow.com Volunteer Admin Team

Edward Williams left an annotation ()

Matter is now with the FTT.