Legal vs Lawful

D C I Taggart made this Freedom of Information request to Police Scotland

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Police Scotland.

Dear Police Scotland,

1,Can you tell me why and what law you use to refuse to supply a "person" a copy of an arrest warrant issued under the non attendance of a court visit or non payment of a fixed penalty notice.
2,It is my understanding that a warrant is not lawful unless it has a wet ink signature from a sheriff/JP/Judge, are police Scotland enforcing warrants without a Sherriff/JP or judges signature?
3,It is my understanding that the Scottish police force has to uphold the safety of the "persons" living within "Scotland, if this is correct which law takes priority "legal" or "lawful" or "statute vs common
4,If a court enforced a "legal" law which caused fraud, extortion and breach of the peace against a "person" would police Scotland turn a blind eye to protect the "legal system"

Yours faithfully,

Keith de McMillan


Hi there

The following Freedom of Information request has been received by the
Central Processing Unit. We have sent the applicant and acknowledgement.

This is a National request due by 3 October 2013. Reference number


Template for Department

Can you please assist with this FOI request. Please note that, in terms
of Freedom of Information legislation, we are only obliged to provide
recorded information held by Police Scotland.

Any additional information here - what dates to use, what SGJD codes,
how you would like the information presented etc.

Timescales - Amend dependant on whether a Department or Satellite return
- I must have your response by.

Costing - Can you please advise me of the length of time taken to
retrieve/compile the information.

Identification of Harm - As the disclosure of any information by Police
Scotland may cause potential harm, can you advise me of any such harm
you envisage which may adversley affect any of the following: an
Individual, a Community, the Police Service or any other bodies.

Your assistance in providing the information sought is appreciated.

Thank you
Lynsey Henderson
Police Officer
700 2396
0141 532 2396

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FOI would like to recall the message, " Freedom of Information request

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Good morning

Police Service of Scotland received your request for information on 5
September 2013.Please quote Ref No IM-FOI-2013-1031 in any further

Your request will now be considered under the Freedom of Information
(Scotland) Act 2002 and you will receive a response from us within 20
working days unless otherwise notified.

Thank you

Kind Regards, Lynsey

Lynsey Henderson
Police Officer
Int - 700 2396
0141 532 2396

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1 Attachment


Please find attached the force response to your request for information.

Kind Regards


Inspector Graeme Cuthbertson

Police Service of Scotland
Freedom of Information Central Processing Unit

Tel: 0141 435 1205
Tie Line: 704 1205



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Marcus Potter left an annotation ()

Statute takes precedence over common law.