Police assistance in a civil matter

Pat James (Account suspended) made this Freedom of Information request to Derbyshire Constabulary

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Derbyshire Constabulary should have responded by now (details). You can complain by requesting an internal review.

Pat James (Account suspended)

Dear Derbyshire Constabulary, under the terms of the Freedom of information Act 2000, please provide the following recorded information.

1. The policy of Derbyshire Constablulary in rendering police assistance to Bailiffs/Civil Enforcement Agents, in matters of civil dispute, contrary to section 26 of the Criminal Justice and Courts Act 2015.
2. The training given to officers of your force in order to examine and judge the validity of alleged documents of authority in civil matters as valid such as warrants of entry or controll, and to make or exercise legal determination based on that judgement.

This is not a request for legal advice. A true and honest response is within the public interest.

Yours faithfully,

Pat James

Freedom of Information Office, Derbyshire Constabulary

Good Morning Ms James,

 

I write in connection with your request for information as shown below.

 

1. The policy of Derbyshire Constablulary in rendering police assistance
to Bailiffs/Civil Enforcement Agents, in matters of civil dispute,
contrary to section 26 of the Criminal Justice and Courts Act 2015.

2. The training given to officers of your force in order to examine and
judge the validity of alleged documents of authority in civil matters as
valid such as warrants of entry or controll, and to make or exercise legal
determination based on that judgement.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should expect to 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 Derbyshire Constabulary may be unable
to achieve this deadline. If this is likely you will be informed and given
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Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Yours sincerely,

 

Fraser Shaw

Disclosure Assistant

Freedom Of Information

Information Management Section

Derbyshire Constabulary

HQ

Tel: 0300 122 8752 (Internal 75 16476)

E-mail: [1][email address]

Web: [2]http://www.derbyshire.police.uk

 

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References

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1. mailto:[email address]
2. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

2 Attachments

Dear Pat James

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely,

 

 

Kevin Lea

Freedom of Information Officer

Derbyshire Constabulary, Police Headquarters, Butterley Hall, Ripley,
Derbyshire.  DE5 3RS

Tel: 101   Direct Dial: 0300 122 5487 

Email: [1][email address]

Web: [2]http://www.derbyshire.police.uk

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Pat James (Account suspended)

Dear Freedom of Information Office, please clarify your response in that it seems to contradict itself, insomuch as that you state that the officer/constable should not arbitrate, yet you further state that a legal determination can be made by discretion for which he is not qualified, occasioning a technical offence.

Furthermore, on the point of breach of the peace, the enforcement agent is already in technical breach by is attendance for the purpose of making demands. If for any reason the documentation is found to be defective, either at the time or subsequently, the breach of the peace is evidenced by fraud, by which your officers are duty bound to act under common law. Failure to act in these circumstances would be a breach of section 26 of the Criminal Justice and Courts Act 2015.

I therefore request that you clarify your response as it is misleading.

Yours sincerely,

Pat James

Freedom of Information Office, Derbyshire Constabulary

Good Morning,

Kevin Lea is off until the week commencing the 12th June 2017.

He shall respond to the below enquiry once he is back.

Thank you,

Fraser Shaw
Disclosure Assistant
Freedom Of Information
Information Management Section
Derbyshire Constabulary
HQ
Tel: 0300 122 8752 (Internal 75 16476)
E-mail: [email address]
Web: http://www.derbyshire.police.uk

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