Section 12, Police Reform Act

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

Dear West Mercia Police,

The Police Reform Act 2002, places restrictions on who can make formal a complaint about police conduct, in some cases it prevents serving officers and staff from making formal complaints. Where a serving member of staff wishes to make a complaint, often the only option open to them is to pursue any issue internally, a process which ultimately is under the discretion and control of the Chief Constable.

" The PRA defines who might be considered to be adversely affected by the conduct or who may have witnessed the conduct. Pursuant to section 12(3), a person may only fall into the “adversely affected” category if;

(a) They were physically present, or sufficiently nearby when the conduct took place or the effects occurred that they were able to see or hear the conduct or its affects, or

(b) The adverse effect was attributed to, or was aggravated by the fact that the person in relation to whom the conduct took place was already known to them.

"Pursuant to section 12(5) of the PRA, a person can be taken to have witnessed the conduct only if:
(a) they acquired knowledge of the conduct in a manner which would make them a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or
(b) that they have in their possession or control, anything which would in any such proceedings constitute admissible evidence of the alleged conduct.

The legislation also prevents former officers in certain circumstances from pursuing a complaint as a member of the public if the conduct subject to the complaint took place at a time when they were serving under the direction and control of the same Chief Officer or were a serving police officer at the time of the alleged conduct or at the time when the adverse effects took place or was witnessed (Section 29(4) of PRA).

In some cases 'Whistle-blowers' have been silenced by the application of Section 12, leaving serious matters unchallenged. I have personal experience of being blocked from referring serious allegations of potentially criminal conduct by senior police officers, due to the application of Section 12.

In order to ascertain whether my experience is limited to a single police force or whether the problem is more widespread, I would like to request the following information.

1. The number of complaints made to your Professional Standards Unit, but not formally recorded or proceeded with under the formal complaints procedures, due to the application of Section 12, PRA during the period March 2016 - March 2019.

2. The number of complaints if any, which although could have been excluded under Section 12, were nevertheless were treated as formal complaints and dealt with under the formal complaints procedures, during the period March 2016 - March 2019.

Should you require any clarification please let me know.

Yours faithfully,

Mr L. Anderson

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Information Compliance, West Mercia Police

Dear Mr Anderson




I write in connection with your request for West Mercia Police information
which was dated and received on 18^th March 2019.


Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). 


Please note that due to an unprecedented number of requests being received
for subject access and FOI, for the foreseeable future requests are now
being triaged and addressed in the following order; Subject Access
requests and then FOI requests.  Every effort will be made to meet our
statutory timescales for responses, subject to the information not being
exempt or containing a reference to a third party. and we ask for your

We will aim to provide the information within 20 working days as required
by the Freedom of Information Act.


There may be a fee payable for the retrieval, collation and provision of the
information you request.  If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you. If
you chose not to make payment then your request will remain unanswered.


Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.


Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number




Yours sincerely



Administrator – Information Compliance

Warwickshire Police and West Mercia Police

01905 331 545







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Dear Information Compliance,

Due to some ambiguities within he request I have made I would like to withdraw this request, my apologies for any inconvenience.

Yours sincerely,

Mr L. Anderson