Obstruction of warrants
Dear British Broadcasting Corporation,
TVL has previously confirmed that a television not connected to power and an aerial is not a television receiver and does not require a licence. See TVL email here https://drive.google.com/file/d/0B0eNVR3...
The author of that email, Alison Roberts, advised that it might be a sensible precaution to unplug the power and aerial, in order to guard against adverse inference being drawn from having these items connected but that such action was **not mandatory** since a TV licence is only required to watch or record live programmes.
I was very disturbed then to observe the execution of a search warrant on this video https://www.youtube.com/watch?v=4QnFwLqC... in which the television is not connected to either power or mains. You will observe that the Capita employee first attempts to coerce the occupier to install the television to receive live broadcasts and thus commit a licence evasion offence. Secondly the Capita employee himself attempts to install the television and thirdly the occupier is threatened and charged for "obstruction" of the warrant for refusing to commit the offence demanded by the Capita employee by installing his television.
Under the FOIA please state:
1. Are Capita employees trained and made aware that a TV licence is only required to watch or record live programmes +iPlayer?
2. Are they aware that a TV which is turned off, even if connected to power and aerial, cannot be evidence of licence evasion and that, at worst, a court may draw an adverse inference, if the TV remains connected to an aerial?
3. During the execution of a search warrant, are Capita instructed to attempt to coerce occupiers into illegally installing TV receiving apparatus?
4. During the execution of a search warrant, are Capita instructed to themselves install or attempt to install TV receiving apparatus?
5. In the event that no evidence of evasion is found upon search under warrant, are Capita instructed to go for a charge of "Obstruction" as the consolation prize? See https://www.youtube.com/watch?v=WQDqEVpM... for another example of this behaviour.
6. What is the BBC going to do to address this kind of malpractice by Capita employees acting on behalf of TVL/BBC?
Yours faithfully,
Karin Mabberley
Dear Karin Mabberley
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