Dear West Mercia Police,

What instructions have been issued for the use of S43 TA 2000 on persons taking photographs in public around police stations? This is when the only suspicion is the taking of photographs. This is in light of the statement of Chief Inspector Edward Handcox in the local news papers

Yours faithfully,

Ricci Coulter

Information Compliance, West Mercia Police

Dear Sir or Madam

 

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 
32651                                                      

 

I write in connection with your request for information which was received
on 10^th September 2020.  Your request will now be considered in
accordance with the Freedom of Information Act 2000 (“the Act”).

 

We will aim to provide a response to your request within 20 working days
as stipulated by the Act.  Please note that there may be unavoidable
delays when making information rights requests during the COVID-19
pandemic.  We are triaging and addressing requests in the following
order:  Subject access and then FOI requests.   Every effort will be made
to meet our statutory timescales for responding.  Thank you for your
understanding.

 

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 be
withdrawn.

 

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
contact the Information Compliance Unit quoting the reference number
above.

 

 

Yours sincerely

 

 

Sue Cale

Information Compliance Administrator

Information Compliance Unit

 

Internal ext:  7772545

Direct Line 01905 331545

 

 

 

Information Compliance, West Mercia Police

Dear Sir or Madam

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 32651

I write in connection with your request for information which was received
on 10^th September 2020. Please find below the response to your request:

 

What instructions have been issued for the use of S43 TA 2000 on persons
taking photographs in public around police stations? This is when the only
suspicion is the taking of photographs. This is in light of the statement
of Chief Inspector Edward Handcox in the local news papers.

 

 

Reply:-

 

West Mercia Police do not hold any specific recorded information in
response to your FOI question. The information below is provided outside
of the FOI Act and is not specific to your question.

 

Police officers use the powers provided to them under the Act. These
powers are utilised when consideration has been given to the individual
circumstances of the incident.

 

Section 43 states:

Power to Stop and Search Persons and Search Vehicles Section 43 TACT COP 3.2.1
to 3.2.4, 3.4.6

In order to discover whether that person has anything in their possession
which may constitute evidence that they are a terrorist a police officer:

·         may stop and search anyone:

·         reasonably suspected of being a terrorist, or

·          anyone arrested as a suspected terrorist,

·         may seize and retain anything which is:

·         reasonably suspected to constitute evidence that the person is a
terrorist,

·         discovered in the course of a such search,

·         using reasonable force, if necessary.

 

Photography and Section 43 of the Terrorism Act 2000

 

 

Officers have the power to stop and search a person who they reasonably
suspect to be a terrorist. The purpose of the stop and search is to
discover whether that person has in their possession anything which may
constitute evidence that they are a terrorist.

 

Officers have the power to view digital images contained in mobile
telephones or cameras carried by a person searched under S43 of the
Terrorism Act 2000 to discover whether the images constitute evidence that
the person is involved in terrorism. Officers also have the power to seize
and retain any article found during the search which the officer
reasonably suspects may constitute evidence that the person is a
terrorist. This includes any mobile telephone or camera containing such
evidence.

 

Officers do not have the power to delete digital images or destroy film at
any point during a search.

 

Please accept my apology for the late reply.

Every effort has been made to ensure that the information provided is as
accurate as possible

Your attention is drawn to the below which details your right of
complaint.

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

Yours sincerely

 

Ms V Lewis

Information Compliance Unit
West Mercia Police

PO Box 55

Hindlip

Worcester

WR3 8SP

01905 331545 / 331565

 

 

West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require West Mercia Police (WMP) to review their
decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
contact the person named at the end of your decision letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 20 working days of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed
to:

West Mercia Police Headquarters

Information Compliance Unit

Hindlip Hall

Hindlip

PO Box 55

Worcester

WR3 8SP

or

Email:  [West Mercia Police request email]

In all possible circumstances, WMP will aim to respond to your complaint
within 20 working days.

The Information Commissioner

After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at https://ico.org.uk/ Alternatively phone or
write to:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a
national rate number

Fax:    01625 524 510