The Right to Freedom of Expression

Pat James made this Freedom of Information request to College of Policing Limited This request has been closed to new correspondence. Contact us if you think it should be reopened.

College of Policing Limited did not have the information requested.

Dear College of Policing Limited, In your training literature; 'Public order/Core principes and legislation', with particular reference to Article 10 of ECHR - the right to freedom of expression, you state, that it is a qualified right, meaning that lawful restrictions may be imposed on this right, providing any such restriction; is imposed in accordance with the law, has one or more legitimate aims, and is necessary and proportionate.

If such restrictions are to be enforceable, they must be clearly comprehended by the public who have been granted the right of freedom of expression.

As a matter of public interest under the Freedom of Information Act 2000, please provide or direct me to the following recorded information:

The specific law (under English Common Law) which could restrict or curtail a given right in this instance.

The lawful definition of proportionate in this istance, and how such judgements are made recorded and enforced.

What is considered 'reasonable' in the context of a restriction of this right.

In making this request, I seek no legal opinion, only facts of Common Law, which is of supreme public interest where there is a serious risk of an individuals rights being violated.

Yours faithfully,

Pat James

College FOI, College of Policing Limited

Dear Sir/Madam,

The below request is not a request which would fall under the Freedom of Information Act 2000. Your request, whilst stating that it does not seek legal opinion, is in fact asking for clarification around the law in this area. This is not something we can provide to you, the College of Policing does not provide an advisory service or guidance to members of the public.

If you feel your query does relate to material held by the College of Policing we would ask that you re-submit your request with a specific description of the material you are seeking, so that we may then properly consider your request.

Yours sincerely,

Jessica Hetherington
Legal Services Coordinator

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Dear College FOI, you are mistaken in your assertion that ny request does not comply with the freedom of information act. Your document ( 'Public order/Core principes and legislation') seeks to provide clarification regarding the enforcement of public order. I am seeking recorded documentation which would establish lawful authority of your enforcement methodology and how that methodology is interpreted in common law, and its subordination or otherwise to an individual's rights in common law.

I am not seeking advice I am seeking fact, and for you to suggest otherwise is a misinterpretation.

Yours sincerely,

Pat James

Dear College of Policing Limited,

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

I am writing to request an internal review of College of Policing Limited's handling of my FOI request 'The Right to Freedom of Expression'.

You are applying a wilfull misinterpretation of the request in a scurrilous attempt to avoid answering it.

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

Yours faithfully,

Pat James

College FOI, College of Policing Limited

Good Afternoon,

Apologies for the delay in getting back to you.

I will be responsible for dealing with your review and will get back to you within 20 working days.

Thanks and regards,

James Rose
Legal Advisor

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College FOI, College of Policing Limited

1 Attachment

Good morning,

 

Please find the attached internal review in relation to your FOIA 2000
request.

 

Thanks and regards,

 

James Rose

Legal Advisor

[1]_______________________
College FOI
Ethics Integrity and Public Interest
Strategic Planning and Public Interest

E: [email address]
T: TBC

College of Policing
Riverside House,
2A Southwark Bridge Road SE1 9HA.
www.college.police.uk
[2]_______________________

[3]College of Policing

Are you a member? [4]Join Now!

*****************************************************************

Any opinions expressed in this email are those of the individual and not
necessarily those of the College of Policing Limited.

It is intended only for the person(s) to whom it is addressed and may
contain privileged information.

Accordingly, the copying, dissemination or distribution of this message to
any other person may constitute a breach of Civil or Criminal Law.

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apply to the exclusion of any other terms that the customer seeks to
impose or incorporate, or which are implied by trade, custom, practice or
course of dealing.

The College of Policing Limited is a company registered in England and
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Our registered office is at Leamington Road, Ryton-on-Dunsmore, Coventry
CV8 3EN.

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References

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Dear College FOI, in response to your review, I suggest that you read and understand the law and the superiority of constitutional law under common law over acts and statutes. You have clearly demonstrated that you do not have the knowledge or expertise to make any sort of judgement in this matter, and for you to give guidance on something of which you lack required knowledge would render any legislation you would seek to apply guidance to as unenforceable. In this respect I would seek a review from a body that does have sufficient knowledge and expertise.

Yours sincerely,

Pat James

College FOI, College of Policing Limited

Dear Mr James,

Thank you for your email.

In accordance with the terms of the Freedom of Information Act 2000, we have explained that we do not hold the information which specifically answers your questions. We provided a link to the Authorised Professional Practice which falls within the broad terms of your request though, as we said it does not answer your particular questions. On review of the response, it appears that another link which may be of interest was omitted. I apologise for this and include it here for your reference - http://www.app.college.police.uk/app-con...

Due to the fact that the College does not hold the information which answers your questions, we sought to assist by providing a link to CPS guidance on human rights which may be of interest as well as recommending a book which may assist you.

If you remain dissatisfied, please may I refer you to the Information Commissioner's Office, the contact details for which were included in annex A to our most recent response to you.

Kind regards,

Rhian Williams

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Dear College FOI, as you have stated that you have no information in this matter, the legislation you and your cohorts seek to impose, is clearly unenforceable.

Yours sincerely,

Pat James