Procedures for property seized under S19 of PACE

The request was partially successful.

Dear West Midlands Police,

Procedures for property seized under S19 of PACE

Can you please provide me with the information you store, which outlines the Procedures in place for handling of property seized under S19 of PACE.

To clarify this request I will put the following example:

A police officer is to seize a mobile telephone from a member of the public, as said device stores a video of an incident.

What procedures for the storage of said device must be taken.

At what point must the device be placed into a sealed evidence bag?

When at a station, where must said evidence be stored? - If this differs between stations, I will further clarify that I am interested to know where the device should be stored in Coventry Little Park Street station.

What authorisation do officers have to destroy video recordings on said device?

If an officer were to delete footage / format a memory card... (perhaps because he was hoping to 'make anything [he] wants to stick')... What repercussions could happen as a result of this?

How many of your staff have been found to have falsified/tampered with evidence within the last five years...? Of these staff, how many faced formal criminal charges (as tampering with evidence is surely a criminal act)?

Yours faithfully,

Mr W. Pearsall

Freedom of Information, West Midlands Police

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Procedures for property seized under S19 of PACE'.

Your response is late. By law you had 30 working days to respond... You have failed to do this.

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,

Wayne Pearsall

Freedom of Information, West Midlands Police

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Dear West Midlands Police,

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

I am writing due to the handling by West Midlands Police's handling of my FOI request 'Procedures for property seized under S19 of PACE'.

S1(1) of the Freedom of Information Act 2000 (FOIA) states:
"Any person making a request for information to a public authority is entitled—
(a)to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b)if that is the case, to have that information communicated to him."

S10(1) FOIA states:
"... a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt."

WM Police have failed to adhere to these requirements and therefore have breached the FOIA. For this I have raised my complaint with the ICO for them to issue a Decision Notice requiring the prompt release of the information requested.

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,

Wayne Pearsall

Freedom of Information, West Midlands Police

Hello Mr Pearsall

We have already received a request for an internal review for this request ( ref 3777/15) received 11 September 2015. Please accept our apologies and be assured that we are working on your request and aim to respond as soon as possible

Kind regards

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
Facebook: www.facebook.com/westmidlandspolice
YouTube: www.youtube.com/westmidlandspolice
Flickr: www.flickr.com/westmidlandspolice

View all our social network links

Our vision: Serving our communities, protecting them from harm

show quoted sections

Dear West Midlands Police,

FAO: Susan Brown

I am writing about my FOI request 'Procedures for property seized under S19 of PACE'.

As you claim to be handling my request, can you provide me with the reference number assigned to said request please.

Can you also confirm that you are actively working to resolve my other requests too.

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,

Wayne Pearsall

Wayne Pearsall left an annotation ()

Isn't it amazing how raising my complaint to the ICO has finally got a formal acknowledgement.

Freedom of Information, West Midlands Police

Dear Mr Pearsall

Re [FOI #285406 email] our reference number is 3173/15 this is being dealt with by my colleague who aims to respond this week. The internal review ref 3777/15 is being handled by myself and I aim to respond as soon as possible.

Please provide the WDTK links for any other requests that you have submitted and I will be happy to provide you with the West Midlands Police reference number and will confirm that they are being dealt with.

Kind regards

Sue

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
Facebook: www.facebook.com/westmidlandspolice
YouTube: www.youtube.com/westmidlandspolice
Flickr: www.flickr.com/westmidlandspolice

View all our social network links

Our vision: Serving our communities, protecting them from harm

show quoted sections

Freedom of Information, West Midlands Police

1 Attachment

Dear Mr Pearsall

 

FOI Request Reference: 003173/15

 

Thank you for your request for information, received 12/08/2015

 

REQUEST

 

Procedures for property seized under S19 of PACE

 

Can you please provide me with the information you store, which outlines
the Procedures in place for handling of property seized under S19 of PACE.

 

To clarify this request I will put the following example:

 

A police officer is to seize a mobile telephone from a member of the
public, as said device stores a video of an incident.

 

What procedures for the storage of said device must be taken.

 

At what point must the device be placed into a sealed evidence bag?

 

When at a station, where must said evidence be stored? - If this differs
between stations, I will further clarify that I am interested to know
where the device should be stored in Coventry Little Park Street station.

 

What authorisation do officers have to destroy video recordings on said
device?

 

If an officer were to delete footage / format a memory card... (perhaps
because he was hoping to 'make anything [he] wants to stick')... What
repercussions could happen as a result of this?

 

How many of your staff have been found to have falsified/tampered with
evidence within the last five years...?  Of these staff, how many faced
formal criminal charges (as tampering with evidence is surely a criminal
act)?

 

 

RESPONSE

 

Please find attached our response.

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Andrea Mobberley

Freedom of Information Unit

Corporate Communications

To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999

 

Ext. 8016199

[3][email address]

Website: [4]www.west-midlands.police.uk
Twitter: [5]www.twitter.com/wmpolice
Facebook: [6]www.facebook.com/westmidlandspolice
YouTube: [7]www.youtube.com/westmidlandspolice

Flickr: [8]www.flickr.com/westmidlandspolice

 

[9]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. https://exchange.wmpad.local/owa/redir.a...
5. https://exchange.wmpad.local/owa/redir.a...
6. https://exchange.wmpad.local/owa/redir.a...
7. https://exchange.wmpad.local/owa/redir.a...
8. https://exchange.wmpad.local/owa/redir.a...
9. https://exchange.wmpad.local/owa/redir.a...

Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'Procedures for property seized under S19 of PACE'.

I expect that you have an operational policy notice which outlines the information you have provided RE storage of property... Can you provide the actual document (information) which you store.

Your response was late.

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,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Internal Review Reference: 003777/15

 

Thank you for your correspondence, received 11/09/2015 where you requested
West Midlands Police to review its response to your request for
information concerning PACE.

 

REQUEST

 

I am writing to request an internal review of West Midlands Police's
handling of my FOI request 'Procedures for property seized under S19 of
PACE'.

 

Your response is late. By law you had 30 working days to respond... You
have failed to do this.

 

 

RESPONSE

 

A review has been conducted and I have found the following:

 

A response was not provided to you within the 20 working day timescales
(not 30, as per your request). I sincerely apologise for the delay. This
was caused by the data supplier being unable to provide information within
the timescale.

 

I have reviewed the response that was sent on 17 September 2015 and I
believe that what was provided is the closest data that we can provide to
your request.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 6197

 

email. [email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://exchange.wmpad.local/owa/redir.a...
2. https://exchange.wmpad.local/owa/redir.a...
3. https://exchange.wmpad.local/owa/redir.a...
4. https://exchange.wmpad.local/owa/redir.a...
5. https://exchange.wmpad.local/owa/redir.a...
6. https://exchange.wmpad.local/owa/redir.a...

Freedom of Information, West Midlands Police

Dear Mr Pearsall

You have already requested an internal review of this request, 3777/15 relates and our response has been provided.

Your email below is asking for an operational policy notice, which is different to your original request for ''Procedures in place for handling of property seized under S19 of PACE''. Therefore this has been logged as a new request 3916/15 is the new reference number.

I note the number and timing of your requests on the same subject and I would recommend that you familiarise yourself with ICO guidance on Freedom of Information. Please see:

https://ico.org.uk/for-the-public/offici...

Yours sincerely

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
Facebook: www.facebook.com/westmidlandspolice
YouTube: www.youtube.com/westmidlandspolice
Flickr: www.flickr.com/westmidlandspolice

View all our social network links

Our vision: Serving our communities, protecting them from harm

show quoted sections

Dear West Midlands Police,

FAO Susan Brown

Susan,

I think you will find my request stated "Can you please provide me with the information you store, which
outlines the Procedures in place for handling of property seized under S19 of PACE."

As outlined, S.19 seizures follow the normal property procedures. You have failed to provide me with *stored information*. Instead your department created a new document, outlining procedures. Please confirm that this is your final response, and I will proceed with a complaint to the ICO as you have failed to comply with the FOIA and actually confirm/deny (S.1(1)) that you hold the information I requested, and provide a copy of said information to me.

As for 30 days. We both know I meant 20 (clearly a typographical error of no significance in this case ;) ) because you had clearly failed to adhere to s.10(1).

You note the number and timing of my requests on the same subject? - What subject would that be? I have made a number of requests on a broad range of subjects - IE: your fleet, powers of seizure, ticketing, and a specific vehicles logbook...

Let me assure you that I am well aware of ICO guidance. If you are insinuating that you may wish to declare my requests as vexatious, let me remind you of ICO guidance on such... Specifically:
https://ico.org.uk/media/1198/dealing-wi... (page 5):
"Application of section 14(1)
12. It is important to remember that section 14(1) can only be
applied to the request itself, and not the individual who submits
it. An authority cannot, therefore, refuse a request on the
grounds that the requester himself is vexatious. Similarly, an
authority cannot simply refuse a new request solely on the
basis that it has classified previous requests from the same
individual as vexatious.
13. Section 14(1) is concerned with the nature of the request
rather than the consequences of releasing the requested
information. If an authority is concerned about any possible
prejudice which might arise from disclosure, then it will need to
consider whether any of the exemptions listed in Part II of the
Act apply.
14. Public authorities need to take care to distinguish between FOI
requests and requests for the individual’s own personal data. If
a requester has asked for information relating to themselves,
the authority should deal with the request as a subject access
request under the Data Protection Act 1998."

I remind your team that I am still awaiting a disclosure under the DPA 1998 and a full disclosure under Part 5 of the Criminal Justice Act 2003 (Ironically, I'm still waiting beyond the date that would of been my trial had the CPS not discontinued realising the entirely unrealistic prospect of conviction...)...

(Heck, wouldn't you say that this gives each and every one of my FOIA requests substantial merit? ;) )

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,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

Freedom of Information Request: 3173/15 Internal review reference 3777/15

I would like to reiterate your rights to contact the Information Commissioner for a decision under Section 50 of the Freedom of Information Act (FOIA). The Information Commissioner can be contact at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

We have fulfilled our duties under the legislation and will not correspond with you further regarding this request

We aim to respond to your new request for the 'policy' ref 3916/15 (which we consider is different to your original request for the 'procedures', ref 3173/15 ) within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions.

Yours faithfully

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
Facebook: www.facebook.com/westmidlandspolice
YouTube: www.youtube.com/westmidlandspolice
Flickr: www.flickr.com/westmidlandspolice

View all our social network links

Our vision: Serving our communities, protecting them from harm

show quoted sections

Dear Freedom of Information,

Freedom of Information Request: 3173/15 Internal review reference 3777/15

Thanks for confirming that I have exhausted your internal complaints procedure. As stated, my complaint with the ICO has been filed.

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Reference: 003916/15

 

Thank you for your request for information, received 17/09/2015

 

REQUEST

 

I expect that you have an operational policy notice which outlines the
information you have provided RE storage of property... Can you provide
the actual document (information) which you store?

 

RESPONSE

 

The Operational and Support Property policy documents are available via
the link below.

 

[1]http://foi.west-midlands.police.uk/prope...

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[2]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[3]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Michelle Richardson

Freedom of Information Unit

 

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/prope...
2. http://foi.west-midlands.police.uk/
3. http://foi.west-midlands.police.uk/revie...

Wayne Pearsall left an annotation ()

ICO:

"FS50597674
On 12 August 2015 you requested information about the procedure for handling property seized under s19 of PACE. The Constabulary responded outside of the 20 working day time scale for response, which, as set out above, is a breach of section 10(1) of the FOIA. It also failed to provide you with copies of its operational policies on storage of property as part of the request, insisting that this be dealt with as a separate request. I understand that these policies were subsequently provided to you on 6 October.

......

The Commissioner will ask the Constabulary to account for its handling of the three requests, before determining whether further action is necessary. I will contact you again to let you know his decision in respect of each case, in due course."

Wayne Pearsall left an annotation ()

https://search.ico.org.uk/ico/search/dec...

Emailed, stating the procedural files should of been sent in response to original request *(as I stated). I shouldn't of had to make a second request.

Looking for an EU Authority?

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

AskTheEU.org