We don't know whether the most recent response to this request contains information or not – if you are Parker De Freitas please sign in and let everyone know.

Power to suspend an investigation

We're waiting for Parker De Freitas to read recent responses and update the status.

Dear Humberside Police,

In accordance with the IPCC Statutory Guidance - May 2015 (page 62, Power to suspend an investigation)

https://www.ipcc.gov.uk/sites/default/fi...

A police force 'may suspend an investigation or other procedure which would, if it were to continue, prejudice any criminal investigation or proceedings. Having consulted with the appropriate authority, the IPCC may direct that the investigation or procedure shall continue if it is in the public interest.

Regulation 22, Police (Complaints and Misconduct) Regulations 2012)'

The necessary considerations (see para 9.52) are provided to determine whether such prejudice arises. Emphasis is on there being 'specific, identified prejudice (and that prejudice should be significant)'.

If the power to suspend does arise the IPCC then requires a balancing exercise to be carried out which takes into consideration a number of factors to determine whether, if the investigation were to continue, there would be prejudice to the criminal proceedings which is so significant that it is not outweighed by the public interest in ensuring: (i) the prompt investigation of the matter; and (ii) the prompt bringing of criminal or disciplinary proceedings against persons serving with the police where they are warranted.

The Guidance specifies the relevant factors which should be considered (see above link para 9.54)

The document continues:

9.55 There will be many cases where the necessary balancing exercise comes down in favour of continuing with the investigation or other procedure even though the issues raised by the criminal investigation or proceedings and by the complaint are closely linked. That might be so, for example, where it is alleged that the police officer has committed a more serious offence than that with which the defendant to the related criminal proceedings is charged (because it might then be in the public interest to prioritise the investigation and prosecution of the more serious offence despite the risk of prejudice to the ongoing prosecution of the lesser offence).

9.56 Appropriate authorities should always seek, and consider, the views of the CPS before exercising the power to suspend.

Which of the above considerations (and those continuing to para 9.60) were given regarding the case to which the letter below relates?

https://www.scribd.com/document/36710793...

Yours faithfully,

Parker De Freitas

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Parker De Freitas

Dear Information Compliance,

Response to this request is delayed. By law, Humberside Police should normally have responded promptly and by 16 January 2018.

Yours sincerely,

Parker De Freitas

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Clement, Angela 8587, Humberside Police

1 Attachment

Your Ref:
Our Ref:F-2017-02174

07 February, 2018

Dear Parker De Freitas,

Thank you for your request for information dated 13 December, 2017 concerning https://www.scribd.com/document/36710793....

Section 8(1)(b) of the FOIA requires that a request for information must include the real name of the requester. If the requester; fails to provide a name; can't be identified from the name provided (for example because they have only used their first name or initials); or, is using an obvious pseudonym, then the request won't meet the requirements of section 8(1)(b) and will technically be invalid.

For a request to be valid, the requester must provide enough of their real name to give anyone reading that request a reasonable indication of their identity. This means that if the staff processing the request cannot identify the requester from the name provided, that request will be invalid.

Whilst it is not routine that we would seek identification, we have determined that that on this occasion owing to similarities to previous requests we require your identification to proceed with this request.

Apologies for the delay, If you have any queries, in relation to this matter, please do not hesitate to contact me.

Yours sincerely,

Miss A. Clement
Senior Information Compliance Officer
Tel 101 Ext 3669
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road

Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 305002

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

Parker De Freitas

Dear Ms Clement, 8587,

I assume Humberside Police is aware that requests are applicant blind and there is nothing to suggest from my name that it is not genuine. If the force has information to the contrary then it should present that to me.

Yours sincerely,

Parker De Freitas

We don't know whether the most recent response to this request contains information or not – if you are Parker De Freitas please sign in and let everyone know.

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org