Dear Cleveland Police,

Please provide me with a copy of Cleveland Police policy/standard operating procedure to Police Officers and Staff regarding the legal requirements as laid down by Statute regarding the procedures to be followed when dealing with prisoners produced by HM Prison Service into Police Custody.

Yours faithfully,

Malcolm Crow

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
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For Legal please forward your e-mail to
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check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other enquiries
please contact Cleveland Police via 101.

 

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Cleveland Police

Dear Mr Crow,

Enquiry Ref : 2017/8916

I acknowledge receipt of your enquiry received by this office on 04th September.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 02 October 2017. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

If you have any questions regarding your request please contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Mrs M Cuthbert
Freedom of Information Decision Maker
Cleveland Police
Shared Service Centre
Ash House,III Acre,
Princeton Drive
Stockton-on-Tees
TS17 6AJ

Cleveland Police

Dear Mr Crow,

Enquiry Ref: 2017/8916

I write in connection with your request for information dated 4th September which was received by Cleveland Police on that date. I note you seek access to the following information:

Please provide me with a copy of Cleveland Police policy/standard operating procedure to Police Officers and Staff regarding the legal requirements as laid down by Statute regarding the procedures to be followed when dealing with prisoners produced by HM Prison Service into Police Custody.

Having made enquiries prisoners produced from prison and brought to Police custody are under arrest and are therefore subject to rules and rights dictated by PACE (Police and Criminal Evidence Act) PACE legislation is openly available via a Google search see below link.

https://www.gov.uk/guidance/police-and-c...

The Cleveland Police response to your request is unique and it should be noted that not all Forces record and hold information in the same format therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response unless extenuating circumstances to account for the delay can be evidenced.

If I can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Mrs M Cuthbert
Freedom of Information Decision Maker
Cleveland Police
Shared Service Centre
Ash House,III Acre,
Princeton Drive
Stockton-on-Tees
TS17 6AJ

Dear Cleveland Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cleveland Police's handling of my FOI request 'Policy and Standard Operating Procedures'.

Can you confirm that Cleveland Police do not have a force policy regarding these procedures and are reliant on PACE Codes of practice?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Malcolm Crow

Cleveland Police

Dear Mr Crow,

Enquiry Ref : 2017/8916

I acknowledge receipt of your e-mail dated 03 October 2017 requesting that we review our response to your request for information concerning the Cleveland Police policy/standard operating procedure to Police Officers and Staff regarding the legal requirements as laid down by Statute regarding the procedures to be followed when dealing with prisoners produced by HM Prison Service into Police Custody.

My understanding of the basis of this request is that you wish us to confirm that Cleveland Police do not have a force policy regarding these procedures and are reliant on PACE Codes of practice?

I have passed on your request to an independent Internal Reviewer, they will conduct the review and contact you direct with their findings. It will be our aim to respond by 02 November 2017. However, if we are unable to complete the review by this date we will advise you accordingly.

If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom Of Information Decision Maker,
Cleveland Police,
Shared Service Centre,
Ash House, III Acre,
Princeton Drive,
Stockton-on-Tees
TS17 6AJ

IRVINE, Ciaron (P0384), Cleveland Police

3 Attachments

Dear Mr. Crow.

 

I have been asked to conduct the internal review of your request
concerning Cleveland police policy around the detention of persons brought
into police custody from HMP establishments.

 

Please find attached my review which will hopefully contain the
information you require.

 

Kind Regards,

 

Ciaron Irvine

 

Ciaron Irvine

Chief Superintendent – Head of Tasking, Coordination & Operations Command
Tel: 101 (x1204) [mobile number] (Mobex 88616)

E-mail: [1][email address]

[2]cid:image002.jpg@01D14978.125441F0        [3]EM Green Background

Like us on [4]Facebook

Follow us on [5]Twitter

Read about us on [6]our website

 

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6. https://www.cleveland.police.uk/

Cleveland Police

Dear Mr Crow,

Enquiry Ref : 2017/8916

I write in response to your request of 03 October 2017 for us to review our previous response to your request for information dated 04 September 2017 concerning the Cleveland Police policy/standard operating procedure to Police Officers and Staff regarding the legal requirements as laid down by Statute regarding the procedures to be followed when dealing with prisoners produced by HM Prison Service into Police Custody.

We have been advised that you have received a response direct from Chief Superintendent Irvine advising that he had completed the review.

If you are not satisfied with our response to the review you have the right to refer this to the Information Commissioner who will consider your complaint. You can contact the Commissioner at

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 2AF
or alternatively by e-mail at [email address]

If we can be of any further assistance please do not hesitate to contact this office either by e-mail or telephone on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom Of Information Decision Maker,
Cleveland Police,
Shared Service Centre,
Ash House, III Acre,
Princeton Drive,
Stockton-on-Tees
TS17 6AJ

Dear Cleveland Police,

Under section 1 of the Prison Act 1952, all powers and jurisdiction with regards to prisons and prisoners are delegated to the Secretary of State.
-Section 13 provides that a prisoner is in the legal custody of the Prison Governor.
-Section 23 provides for the removal of prisoners for judicial and other purposes.
-Section 23 provides for constable etc... to act outside their jurisdiction.
-Section 47 provides for the management of prisons.

1. Cleveland Police do not have jurisdiction to enter a prison without the authority of the Governing Governor. (Territorial Jurisdiction)
2. The removal of a prisoner without the authority of the Governing Governor is unlawful.
-PSO 1801 Production of a Prisoner at the Request of the Police.
-Para 3(1) Schedule 1 to the Crime Sentences Act 1997.
-https://www.met.police.uk/globalassets/f...
-https://www.westyorkshire.police.uk/site...
3. The power to discipline a prisoner for a breach of the Prison Rules 1999 is a matter for the Governing Governor.
-PSI 47-2011 Prison Disciplinary Procedures.
4. Cleveland Police have no power to investigate or prosecute a prison disciplinary offence without the authority of the Governing Governor.
-www.cps.gov.uk/publication/appropriate-handling-crimes-prisons-protocol-between-national-offender-management

It appears that your force is acting arbitrarily and unlawfully in prosecuting prisoners for summary offences which have not been referred by the Governing Governor. This shows a complete disregard for the rule of law and the rights of prisoners.

The failure to have an effective policy with regard to the production of prisoners is evidence that your force is in breach of the Data Protection Act 1998.

Yours faithfully,

Malcolm Crow

Cleveland Police

Dear Mr Crow,

Enquiry Ref: 2017/8916

I write in response to your e-mail dated 16th December and received by this office on 18th December 2017 in which you wrote:

Under section 1 of the Prison Act 1952, all powers and jurisdiction with regards to prisons and prisoners are delegated to the Secretary of State.
-Section 13 provides that a prisoner is in the legal custody of the Prison Governor.
-Section 23 provides for the removal of prisoners for judicial and other purposes.
-Section 23 provides for constable etc... to act outside their jurisdiction.
-Section 47 provides for the management of prisons.
1. Cleveland Police do not have jurisdiction to enter a prison without the authority of the Governing Governor. (Territorial Jurisdiction)
2. The removal of a prisoner without the authority of the Governing Governor is unlawful.
-PSO 1801 Production of a Prisoner at the Request of the Police.
-Para 3(1) Schedule 1 to the Crime Sentences Act 1997.
-https://www.met.police.uk/globalassets/f...
-https://www.westyorkshire.police.uk/site...
3. The power to discipline a prisoner for a breach of the Prison Rules 1999 is a matter for the Governing Governor.
-PSI 47-2011 Prison Disciplinary Procedures.
4. Cleveland Police have no power to investigate or prosecute a prison disciplinary offence without the authority of the Governing Governor.
-www.cps.gov.uk/publication/appropriate-handling-crimes-prisons-protocol-between-national-offender-management

It appears that your force is acting arbitrarily and unlawfully in prosecuting prisoners for summary offences which have not been referred by the Governing Governor. This shows a complete disregard for the rule of law and the rights of prisoners.

The failure to have an effective policy with regard to the production of prisoners is evidence that your force is in breach of the Data Protection Act 1998.

Having read the content of your e-mail we do not feel that it constitutes a request for information under the Freedom of Information Act as it does not request information on this occasion. If you wish to complain about the way an officer or officers of Cleveland Police have dealt with a matter then the complaint should be sent to the Standards and Ethics Department at standards&[email address] or alternatively in writing to;
Standards and Ethics,
Cleveland Police,
Shared Service Centre,
Ash House,
III Acre,
Princeton Drive,
Stockton-on-Tees
TS17 6AJ

If you wish to complain about the way that your Freedom of Information request was handled or if you are not satisfied with the outcome of the internal review, which was closed by this office on 9th October 2017, you have the right to direct your complaint to the Information Commissioner at the following address:
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 2AF

If we can be of any further assistance please do not hesitate to contact this office on 01642 306825 or 01642 306832.

Yours sincerely,

Ms E McGuigan
Freedom Of Information Decision Maker,
Cleveland Police,
Shared Service Centre,
Ash House, III Acre,
Princeton Drive,
Stockton-on-Tees
TS17 6AJ

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