Information request in the interest of justice.

Derek Canning LLB [HONS] made this Freedom of Information request to Independent Office for Police Conduct This request has been closed to new correspondence. Contact us if you think it should be reopened.

Independent Office for Police Conduct did not have the information requested.

Derek Canning LLB [HONS]

Dear Sir or Madam,
Dear CPS, Home Office, IPCC, Minister Justice and Northumbria Police

Reference: Information request in relation to which organ of the government is responsible for supplying the information in relation my questions below, who sets the powers of the RSPB and who is responsible to control and oversee the powers of the RSPB?. The responsibility is being passed about like a hot potato.

Which organ [servants of the people] of the democratically elected government is responsible for the issues below?
1] Supplying the information in relation to my questions below?
2] Who sets the powers of the RSPB?
3] Who is responsible to control and oversee the powers of the RSPB?
4] Who do I supply the information in relation to bogus information being used to get search warrant so the matter can be investigated? The police are ignoring our letters and the IPCC are allowing the police not to investigate with the only justification that it has taken too long to complaint. Given that it is the police, RSPB and others external bodies to use that are causing the delay by withhold evidence how can it be justified to say our serious complaints in relation to a national conspiracy to pervert the course of justice cannot be investigated as we the victims have waited too long. Interestingly no one in thirteen year has said that any element of our complaint is wrong or not truthful instead there has been a cover up. For example the police have removed a video from You Tube of the Police and the RSPB kicking some ones door in, however they did leave the confidential statement from the RSPB that lied [documented fact backed up by a video] about the RSPB being asked to leave as the representative of the RSPB was not on the search warrant, on a Forum called Hunting Life but the police names were removed. Now if I am not telling the truth I should be prosecuted for harassment and the RSPB would have taken their millions of pounds and sued me be now. In other word I have the shield of truth on my side and various organisations are hoping it will all go away however it will all be going on a website. A lot has already been published and no one has ever challenged the truthfulness of our complaints.
5] HOW IS A PERSON FROM THE RSPB WHO HAS BEEN SHOWN TO HAVE COMMITTED PERJURY IN THE JOHN DODSWORTH’S CASE IN OCTOBER 2008 [THE COURT TRANSCRIPT AND POLICE STATEMENTS HAVE ALRERADY BEEN SUPLIED AND YOU HAVE HEARD THE OPEN COURT STATEMENT FROM THE SOLICITOR INVOLVED IN THE CASE AND WHAT THE JUDGE HAD TO SAY] ALLOWED TO CONTINUE TO BE ENTRUSTED TO INVESTIGATE AND HANDLE FURTHER EVIDENCE WHILE THE INVESTIGATION INTO HIS CRIMES ARE PUT ON HOLD UNTIL AFTER SEPTEMBER? The matter needs to be looked at immediately to negate the potential of any new crimes.

In summary I would make the following statement of truth and challenges all to say where I am wrong. Various people have made serious complaint about the RSPB and the police but to date the police are ignoring our complaints or asked the iPCC permission not to investigate the crimes as the complaints has not been made within a very short period. This is of course a self fulfilling agenda as it is the police and others that are withholding the information that we need which is one of the main reason that the complaints have been delayed. For example since 1994 I have been waiting for the report done on me by the RSPB. Other people have had the reports done on them given to them so why am I different? The answer is that I am not different; the answer is there are things in the report that will support my complaints and others. If this is wrong then show me the report. If there was nothing in the report to support my claims then the police and CPS, IPCC and Home Office would simple disclose the report to negate my complaints as they have done with other people. I would ask the CPS to ANSWER my letters in relation to this point. Furthermore, all the letters that are being ignored complaining about the RSPB and the police need to be answered fully by addressing each element of the complaints and an explanation of the investigation into each element and the conclusion. A meeting with all the people that are complaining would then be useful to expand and explain any difficult points of evidence.

We do not want confrontation we want the police to investigate our complaints and we want a Hillsborough type investigation headed by a senior judge. Most of all we want justice and transparency and not letters saying there has been a ‘through investigation’ but you cannot see the report, you just have to trust that we have correctly investigated ourselves about our organisation breaking the law. Just like turkeys will never vote for Christmas people investigating their own organisation need to be completely open to the complainants for obvious reasons.

Dear Mr Canning

My response is in red next to each question in the list below.

Regards

Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 05 June 2009 20:29
To: Beaufort, Lynn (Biodiversity)
Subject: search warrant

Please answer questions that the Home Office say is your remit.

Download original attachment
Attachment to FOI request 'Can you please supply any guidance or rules covering the following issues especially any instructions given to the police and the RSPB?' (HTML version)

Direct Communications Unit
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742
E-mail: [email address] Website: www.homeoffice.gov.uk

[email address]
Mr Ross Errington
Reference: T7363/9
Dear Mr Errington,
Thank you for your e-mail of 28 April 2:13:32 PM seeking copies of guidance issued to the police and RSPB in relation to search warrants.
I regret that as the majority of your questions relate to the powers of RSPB officials the Home Office is not able to respond fully to your questions. The Home Office does not lead on animal welfare matters, including the status and enforcement powers, if any, of animal welfare charities such as the RSPB, RSPCA etc. This is a matter for the Department for Environment, Food and Rural Affairs so you will need to send your enquiry to them at [email address].
What I can advise on is matters relating to the exercise of police powers under the Police and Criminal Evidence Act (PACE) 1984 and the accompanying Codes of Practice. These provide the core framework of investigative powers for the police including the execution of search warrants.
The Act can be found on the Ministry of Justice Statute Law database at http://www.statutelaw.gov.uk/Home.aspx. PACE Code B, which covers powers to search premises and seize property, can be accessed on the Home Office PACE Codes webpage at http://police.homeoffice.gov.uk/operatio....
Section 67(9) of PACE states that “Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of a [PACE] code.”
This duty is held by Joy v Federation against Copyright Theft Ltd [1993] Crim.L.R. 588 DC to apply to any type of legal duty whether imposed by statute, common law or by contract.
The duty only applies in so far as the provisions of the Codes are relevant. Not all investigating bodies have the same statutory powers or duties and section 67(9) of PACE does not confer statutory police powers onto other persons.
In terms of your specific questions:
1] Can the Royal Society for the Protection of Birds legally caution me? Please refer this question to DEFRA who lead on RSPB powers. Defra do not lead on RSPB powers. The RSPB is a registered charity, you should ask the RSPB to list any powers they may have.
2] Can the Royal Society for the Protection of Birds legally swear out a search warrant at a magistrates Court under the Police and Criminal Evidence Act 1984 s15? Please refer this question to DEFRA who lead on RSPB powers. See the answer at question 1.
3] Can the Royal Society for the Protection of Birds legally and actively search for evidence without the police next to them even if the RSPB are mentioned on a search warrant and after they have been told to leave by the land owner? I cannot advise on search warrants applied for and executed by RSPB officials. However, where the police apply for a search warrant paragraph 3.6(f) of PACE Code B states that the application must, if applicable, seek authorisation for other persons to accompany the officer who executes the warrant. See above
Under section 16 of PACE where a warrant authorises other person to accompany the officer executing the warrant the authorised persons have the same powers as the officer in terms of the execution of the warrant and seizure of anything to which the warrant relates. It also requires that such authorised persons may only exercise these powers in the company, and under the supervision of, a constable.
4] Can the Royal Society for the Protection of Birds legally search by themselves, without any police officer in site, someone property, given the fact that the RSPB are only on the premise to advice on what the police find? Please see the reply to question 3 with regards to search warrants applied for and executed by the police. Please see the answer to question 1 above
5] Can the Royal Society for the Protection of Birds legally take primary evidence and property from the person's home that is being searched straight to the RSPB Head Quarters or does all evidence have to be taken to a police station and stay at the police station involved in the raid where it can be seen and supervised while the evidence is investigated? Please refer this question to DEFRA who lead on RSPB powers. If property is seized under a warrant applied for and executed by the police it must be taken to the police station. PACE Code B provides further information on the framework for seizure, retention and return of property. See answer to question 1 above.
6] Can the Royal Society for the Protection of Birds legally help the police search someone's home via a search warrant that does not name them at all and they have been told to leave by the owner of the property as he is worried about the RSPB'S motives? Please see the reply to question 3. See above.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the address below quoting reference 11982.
Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Email: [email address]
During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
I realise that this response may be a disappointment to you. However I would like to assure you that we do not hold the majority of the information that you asked for.
Yours sincerely,
Shanaz Khanche
Policing Powers and Protection Unit

I AM STILL WAITING FOR YOU TO ANSWERS MY QUESTIONS.

Department for Environment, Food and Rural Affairs (Defra)

This email and any attachments is intended for the named recipient only.
If you have received it in error you have no authority to use, disclose,
store or copy any of its contents and you should destroy it and inform
the sender.
Whilst this email and associated attachments will have been checked
for known viruses whilst within Defra systems we can accept no
responsibility once it has left our systems.
Communications on Defra's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for other
lawful purposes.

Mr Canning

I can repeat that Defra do not lead on RSPB powers and that the information on execution of warrants as stated by Home Office is correct. Individual cases cannot be commented on, but the Magistrate’s Courts, who issue warrants, do follow strict guide lines when considering applications for a warrant. The Magistrates’ Courts are run through Her Majesty’s Court Services (hmcs) and I attach a link below for you.
http://www.hmcourts-service.gov.uk/

Regards

Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 10 June 2009 18:07
To: Beaufort, Lynn (Biodiversity); [email address]
Subject: Re: search warrant

In a message dated 10/06/2009 17:17:34 GMT Standard Time, [email address] writes:
Dear Mr Canning

My response is in red next to each question in the list below.

Regards

Lynn Beaufort
1/07 Temple Quay House
2 The Square
Bristol
BS1 6EB
0117 3728591
0117 372 8373 (fax)
1371 ext 8591 (GTN)
From: [email address] [mailto:[email address]]
Sent: 05 June 2009 20:29
To: Beaufort, Lynn (Biodiversity)
Subject: search warrant

Please answer questions that the Home Office say is your remit.

Download original attachment
Attachment to FOI request 'Can you please supply any guidance or rules covering the following issues especially any instructions given to the police and the RSPB?' (HTML version)

Direct Communications Unit
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742
E-mail: [email address] Website: www.homeoffice.gov.uk

[email address]
Mr Ross Errington
Reference: T7363/9
Dear Mr Errington,
Thank you for your e-mail of 28 April 2:13:32 PM seeking copies of guidance issued to the police and RSPB in relation to search warrants.
I regret that as the majority of your questions relate to the powers of RSPB officials the Home Office is not able to respond fully to your questions. The Home Office does not lead on animal welfare matters, including the status and enforcement powers, if any, of animal welfare charities such as the RSPB, RSPCA etc. This is a matter for the Department for Environment, Food and Rural Affairs so you will need to send your enquiry to them at [email address].
What I can advise on is matters relating to the exercise of police powers under the Police and Criminal Evidence Act (PACE) 1984 and the accompanying Codes of Practice. These provide the core framework of investigative powers for the police including the execution of search warrants.
The Act can be found on the Ministry of Justice Statute Law database at http://www.statutelaw.gov.uk/Home.aspx. PACE Code B, which covers powers to search premises and seize property, can be accessed on the Home Office PACE Codes webpage at http://police.homeoffice.gov.uk/operatio....
Section 67(9) of PACE states that “Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of a [PACE] code.”
This duty is held by Joy v Federation against Copyright Theft Ltd [1993] Crim.L.R. 588 DC to apply to any type of legal duty whether imposed by statute, common law or by contract.
The duty only applies in so far as the provisions of the Codes are relevant. Not all investigating bodies have the same statutory powers or duties and section 67(9) of PACE does not confer statutory police powers onto other persons.
In terms of your specific questions:
1] Can the Royal Society for the Protection of Birds legally caution me? Please refer this question to DEFRA who lead on RSPB powers. Defra do not lead on RSPB powers. The RSPB is a registered charity, you should ask the RSPB to list any powers they may have.
2] Can the Royal Society for the Protection of Birds legally swear out a search warrant at a magistrates Court under the Police and Criminal Evidence Act 1984 s15? Please refer this question to DEFRA who lead on RSPB powers. See the answer at question 1.
3] Can the Royal Society for the Protection of Birds legally and actively search for evidence without the police next to them even if the RSPB are mentioned on a search warrant and after they have been told to leave by the land owner? I cannot advise on search warrants applied for and executed by RSPB officials. However, where the police apply for a search warrant paragraph 3.6(f) of PACE Code B states that the application must, if applicable, seek authorisation for other persons to accompany the officer who executes the warrant. See above
Under section 16 of PACE where a warrant authorises other person to accompany the officer executing the warrant the authorised persons have the same powers as the officer in terms of the execution of the warrant and seizure of anything to which the warrant relates. It also requires that such authorised persons may only exercise these powers in the company, and under the supervision of, a constable.
4] Can the Royal Society for the Protection of Birds legally search by themselves, without any police officer in site, someone property, given the fact that the RSPB are only on the premise to advice on what the police find? Please see the reply to question 3 with regards to search warrants applied for and executed by the police. Please see the answer to question 1 above
5] Can the Royal Society for the Protection of Birds legally take primary evidence and property from the person's home that is being searched straight to the RSPB Head Quarters or does all evidence have to be taken to a police station and stay at the police station involved in the raid where it can be seen and supervised while the evidence is investigated? Please refer this question to DEFRA who lead on RSPB powers. If property is seized under a warrant applied for and executed by the police it must be taken to the police station. PACE Code B provides further information on the framework for seizure, retention and return of property. See answer to question 1 above.
6] Can the Royal Society for the Protection of Birds legally help the police search someone's home via a search warrant that does not name them at all and they have been told to leave by the owner of the property as he is worried about the RSPB'S motives? Please see the reply to question 3. See above.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the address below quoting reference 11982.
Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Email: [email address]
During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
I realise that this response may be a disappointment to you. However I would like to assure you that we do not hold the majority of the information that you asked for.
Yours sincerely,
Shanaz Khanche
Policing Powers and Protection Unit

I AM STILL WAITING FOR YOU TO ANSWERS MY QUESTIONS.

Department for Environment, Food and Rural Affairs (Defra)

This email and any attachments is intended for the named recipient only.
If you have received it in error you have no authority to use, disclose,
store or copy any of its contents and you should destroy it and inform
the sender.
Whilst this email and associated attachments will have been checked
for known viruses whilst within Defra systems we can accept no
responsibility once it has left our systems.
Communications on Defra's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for other
lawful purposes.
SO THE HOME OFFICE IS WRING?

Yours faithfully,

Derek Canning LLB [HONS]

Athena Cass,

1 Attachment

[Subject only] FOI Ack letter.1001756.Mr Derek Canning.

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Derek Canning LLB [HONS]

Dear Athena Cass,

Please refer my information request to an internal review as I am being ignored.

Yours sincerely,

Derek Canning LLB [HONS]

Athena Cass,

I am currently out of the office and will return on Wednesday 15th July.

show quoted sections

Derek Canning LLB [HONS]

Dear Athena Cass,

Thank you.

Yours sincerely,

Derek Canning LLB [HONS]

Phil Johnston,

1 Attachment

Dear Mr Canning,
I attach my response to your request. I am sorry about the delay in
replying.

Philip Johnston
Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH

E mail for IPCC FoI Unit: [IPCC request email]

show quoted sections