TV Licensing compliance with PACE Code C 3.22

British Broadcasting Corporation did not have the information requested.

Dear British Broadcasting Corporation,

PACE Code C 3.22 sets out the basic requirements for interaction between Interviewer and Suspect when an Interview under Caution is conducted by a non-Police authority and in someone's home.

It says this:-

"If the other location mentioned in paragraph 3.21 is any place or premises for which the interviewer requires the person’s informed consent to remain, for example, the person’s home, then the references that the person is ‘not obliged to remain’ and that they ‘may leave at will’ mean that the person may also withdraw their consent and require the interviewer to leave. "

and the relevant section of 3.21 says this:-

"If they are not arrested but are cautioned as in section 10, the person who gives the caution must, at the same time, inform them they are not under arrest, they are not obliged to remain at the ... other location ... "

Please provide any references to these requirement within Policy documents, training materials, etc, so that the Public can be assured that the requirements are being appropriately addressed by BBC/TVL.

Yours faithfully,

Mr. M. Whitfield

FOI Enquiries, British Broadcasting Corporation

Dear Mr Whitfield

Thank you for your request for information under the Freedom of Information Act 2000, as detailed in your email below. Your request was received on 31st October 2016. We will deal with your request as promptly as possible, and at the latest within 20 working days. If you have any queries about your request, please contact us at the address below.

The reference number for your request is RFI20162053

Kind regards

The Information Policy & Compliance Team

BBC Freedom of Information
BC2 B6, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear M Whitfield,

 

Please find attached the response to your request for information,
reference RFI20162053

 

 

Yours sincerely,

Information Rights

 

Information Rights, BBC Legal

BC2A4, Broadcast Centre

201 Wood Lane

London W12 7TP, UK

 

Website: [1]www.bbc.co.uk/foi

Email: [2]mailto:[BBC request email]

Tel: 020 8008 2882

Fax: 020 8008 2398

 

 

References

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1. http://www.bbc.co.uk/foi
2. mailto:[BBC request email]

Peter Jones left an annotation ()

Straight from the donkey's mouth: "However, most of the PACE Codes of Practice do not apply to enquiry officers as they do not have any power issue simple or conditional cautions (sanctioned cautions), arrest or detain people, enter premises or seize property."

Dear British Broadcasting Corporation,

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

I am writing to request an internal review of British Broadcasting Corporation's handling of my FOI request 'TV Licensing compliance with PACE Code C 3.22'.

The BBC's response was that the particular section of PACE does not apply to TV Licensing "officers". However, I think that this is factually incorrect, and, it is not the question that I asked (which was what information was held by the BBC on the PACE section mentioned).

Please be aware that this is a matter of considerable importance, since BBC/TVL would be acting unlawfully if it were systematically ignoring a relevant section of PACE.

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,

Mr. M. Whitfield

FOI Enquiries, British Broadcasting Corporation

Dear Mr Whitfield,

We have received your request for an internal review regarding RFI20162053 which we received on 29 November 2016.

We will deal with the review as promptly as possible and will endeavour to do so within 20 working days in accordance with the Information Commissioner’s guidance, although in some instances reviews may take longer. If you have any queries, please contact us at the address below.

The reference number for your internal review is IR2016099.

Kind regards,

Information Rights, BBC Legal
BC2B6, Broadcast Centre
201 Wood Lane,
London, W12 7TP

Website: www.bbc.co.uk/foi/
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

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Mr. M. Whitfield left an annotation ()

To assist the Internal Review process, I should add that it looks very much like the BBC person who responded in the first instance confused Police Cautions (i.e. cautions in lieu of punishment) for the Caution pertaining to Interviews under Caution.

The latter is very much the concern of PACE Code C, and the BBC/TVL operation is in within its scope.

FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Whitfield

Please see the attached internal review.

Yours sincerely

Information Rights, BBC Legal
BC2A4, Broadcast Centre
201 Wood Lane,
London, W12 7TP

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