Local Government Act 1972

The request was successful.

Mr Jandip Jambalaya

Dear Brent Borough Council,

Under the Local Government Act 1972, local authorities have the power to investigate and prosecute criminal offences, determining the scope of an investigation, and determining who can be prosecuted, including companies, limited liability partnerships, partnerships, sole traders and unincorporated associations,

1. Under the above legislation, in each individual year, from 2012 to 2016, please provide the following for your council;

i) The number of investigations undertaken per year

ii)The number of investigations where the outcome has been referred for prosecution to the CPS or other relevant prosecuting body.

iii) The number of occasions where the outcome of an investigation has been referred for prosecution to the council in its capacity as a Prosecuting authority.

2 In addition can you identify, the total number of investigations, in each of these years cases that resulted;

a) formal prosecution
b) out of court settlement
c) failed the evidential test as set out in the CPS Guidelines.

And in each of these years,

d) What were the ethnicity's of all the suspects investigated, charged and the subsequent outcomes, of each these individual case, including all those that were settled prior to a court hearing or were settled informally?

3. Can you confirm that Brent Council has adopted Prosecution policy as recommended in the Code of Practice produced by the Crown Prosecuting Service ? If so;

a) When this policy was first adopted
b) How many times this policy has been subject to review?
c) Please outline how your council ensures that the application of this policy is
fair, proportionate and non discriminatory?

Please provide evidence to support the responses in point c, or confirm where this can be obtained.

4. Has the use of this investigatory/prosecuting power been subjected to an Equality Impact Assessment and if so can you send me copies.

5. Please outline the exact processes and authorities relied by your council’s investigating and or prosecuting officers to inform the evaluation of whether a criminal investigation conducted by or on behalf of them, is prosecuted or otherwise disposed of as set out in accordance with CPS guidance on these matters?

6. Can you confirm how many of the criminal investigations referred to the Council as a prosecuting authority throughout the years or part year 2012 – 2016 were rejected as not meeting evidential threshold as set out in the the code for crown prosecutors, and the ethnicity of the suspect of each of the cases?

7. Please provide the name of governing or oversight organization responsible for scrutinizing and evaluating your Council’s use of the legal and proportionate use of these power?

8. How many times has Brent Council applied to the courts to obtain permission to investigate utilising Regulation of Investigatory Powers Act 2000 in each years from 2012 - 2015

9. How many times has Brent Council requested the support of police to make an arrest, and what has been the ethnicity of the suspects in each of the requested years?

Yours faithfully,

Mr Jambalya

Freedom of Information, Brent Borough Council

Dear Sir/Madam,

Thank you for your email.

As your request is identical to one received a few minutes ago under a different name, and spells your name in two different ways, we require evidence of your identity in order to proceed with your request. As you may be aware, the Information Commissioner has ruled that requests cannot be made pseudonymously and Section 8 of the FoIA requires that requestors use their real name or that under which they are usually known.

Please could you provide proof of identification, either electronically to [Brent Borough Council request email] or by post to:

Freedom of Information Team
4th Floor
Brent Civic Centre
Wembley
London
HA9 0FJ

Acceptable proof of identity includes:
- Passport
- Driving Licence
- Birth Certificate
- Utility Bill
- Bank Statement
- Council Tax bill/statement

Scans and copies are acceptable, there is no need to send original documents.

Once these are received the Council will continue with your request.

I appreciate that this may cause inconvenience and apologise for any caused, however I am required to protect public funds and our staff time by ensuring that all FoI requests that we process are valid requests in accordance with FoIA. We look forward to receiving your documentation and proceeding with your request in due course.

James Scott

Principal Freedom of Information Officer
Chief Executive’s Office
London Borough of Brent
020 8937 1109

James Scott

Principal Freedom of Information Officer
Chief Executive’s Office
London Borough of Brent
020 8937 1109

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