Force policy relating to the authorised release of digital evidence.

The request was successful.

Dear Warwickshire Police,

Under the terms of the Freedom of Information Act (2000), could you please provide me information regarding current police policy that authorises the release of evidence to commercial companies as instructed by legal clients in defence cases.

Can you please provide documentation of your forces policy relating to the release of (i) digital forensic images (covering evidential computer devices such as hard disk drives and memory cards), and (ii) physical digital devices, covering evidential items such as smartphones and satellite navigation devices.

Your assistance in this matter is greatly appreciated.

Yours faithfully,

Stephen Haslett

Information Compliance West Mercia,

 
 
Dear Mr Haslett
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: West Mercia Police 8802 and
Warwickshire Police 00703
 
I write in connection with your request for information dated and received
on 23rd August 2017.
 
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, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances West Mercia Police and Warwickshire Police
may be unable to achieve this deadline.  If this is likely you will be
informed and given a revised time-scale at the earliest opportunity.
 
There may be a fee payable for the retrieval, collation and provision of
the information you request.  If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you chose not to make payment then your request will remain
unanswered.
 
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
 
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
 
Yours sincerely
 
 
Sue Cale
Information Compliance Assistant
Information Compliance Unit
Warwickshire Police & West Mercia Police
P O Box 55
Hindlip  WR3 8SP
 
DD 01905 331545 (Ext. 2545)
[email address]
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[1]www.warwickshire.police.uk and [2]www.westmercia.police.uk

[3]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [4]www.warwickshire.police.uk/specialconstables
West Mercia Police: [5]www.westmercia.police.uk/specialconstables

References

Visible links
1. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
2. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
4. file:///tmp/www.warwickshire.police.uk/specialconstables
5. file:///tmp/www.westmercia.police.uk/specialconstables

Information Compliance West Mercia,

 
Dear Mr Haslett
FREEDOM OF INFORMATION REQUEST REFERENCE NOs:  West Mercia Police 8802 and
Warwickshire Police 00703
I write in connection with your requests for information which were
received on 23^rd August 2017.  Please find below the responses to your
requests for West Mercia Police and Warwickshire Police information:
Regarding current police policy that authorises the release of evidence to
commercial companies as instructed by legal clients in defence cases. Can
you please provide documentation of your forces policy relating to the
release of (i) digital forensic images (covering evidential computer
devices such as hard disk drives and memory cards), and (ii) physical
digital devices, covering evidential items such as smartphones and
satellite navigation devices.
West Mercia Police 8802 and Warwickshire Police 00703 REPLY: No specific
recorded information held.
The forces do not have a specific policy relating to the release of
digital forensic images and physical digital devices.
However, in order to assist, I have been advised that where a defence team
asks for access to data which is evidence in the case there are a number
of steps:

 1. CPS as the prosecuting agents and disclosure officer must authorise
the release of evidential material in writing, this can be via email.
Unless a Judge authorises the release of material as a court order.
 2. The forces would then send a Memorandum of Undertaking (MOU) form for
the commercial company for their signature and acceptance.

Upon receipt of a suitable medium, HDD, thumb drive etc. the evidence will
be uploaded and suitable arrangements made for the collection of the
resulting package. Or the forces will arrange for the company to attend
Digital Forensics so that they can examine the case under supervision
Every effort has been made to ensure that the response provided is as
accurate as possible
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
Yours sincerely
 
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
 
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information 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 The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
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 West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
contact the person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 20 working days of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed
to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
or
Email:  [email address]
In all possible circumstances, WMP will aim to respond to your complaint
within 20 working days.
The Information Commissioner
After lodging a complaint with WMP 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 [1]https://ico.org.uk/ Alternatively, phone
or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a
national rate number
Fax:    01625 524 510
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[2]www.warwickshire.police.uk and [3]www.westmercia.police.uk

[4]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [5]www.warwickshire.police.uk/specialconstables
West Mercia Police: [6]www.westmercia.police.uk/specialconstables

References

Visible links
1. https://ico.org.uk/
2. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
3. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
5. file:///tmp/www.warwickshire.police.uk/specialconstables
6. file:///tmp/www.westmercia.police.uk/specialconstables