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Locating a Prisoner

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  • Locating a Prisoner

    I am hoping someone can help me.

    I have been trying to serve a court order on an estranged family member, so far, no such luck.
    An attempt to serve the court order where the family member resides resulted in a neighbour saying the person may be in prison.
    I have contacted Prisoner Services asking if the family member was in prison, and I was told that due to the Data Protection Act 2018, they cannot give out this information, unless a solicitor writes to them on my behalf (costly).
    Included in their reply was that if I state the actual exemption from The Data Protection Act 2018 that is claimed, with the relevant section and paragraph explicitly tied to the reason for your request.

    So does anyone have experience of gaining a Prisoner info and location without the need for a solicitor?

    Many thanks

    Charles B.
    Tags: None

  • #2
    What was the person's address on file at the court when the Order was granted?
    Is the Order, and Order that must be personally served?
    Do you know for certain that the person is in prison?


    • #3
      I gave the court the address, as this person was an informant on a death certificate.
      I wouldn't know what the court has on file.
      The order must be personally served, no serving on substitute or family member as this order is for aquittal.
      Not sure if the person is in prison or not, that's why I need to find out from Prison Services.


      • #4
        If the Order was an acquittal after a criminal trial I cannot see how you can be involved in serving that on a prisoner.

        I do not understand your statement "this person was an informant on a death certificate. Death certificates do not include information about the person who informed the authorities about a death.

        Please provide as much detail as you can on this matter, including your involvement in it and post up a redacted copy of the Order that you wish to have served.

        I doubt if anyone, including me, would be placed to suggest anything sensible without some background information on the matter.

        It is a certainty that if personal service is required to be made on a prisoner in a civil matter, that cannot be done by a layman - it must be done by a qualified process server face to face and the prisoner does not have to meet him! If service fails, it is open to the court, on an application to it, to dispense with personal service.


        • #5
          Not to worry.
          A UK Death Certificate does display who the the person was who informed the Authorities. I have a copy in front of me.
          I missed out a Process Server attempted delivery of court order. Not that that is important here.
          I am looking for the exemption of the Data protection Act where they can give me the possible prisoners information.


          • #6
            I think your problem, even if you locate the 'prisoner' is still going to be making personal service on him/her, because even if the process server visited the prison, the prisoner has no obligation to present himself in a visiting room, so that he/she can be personally served. Further, the prison service, cannot compel the prisoner to do so.

            As I previously stated, your only option, in my view is to approach the court with an application that personal service be dispensed with.


            • #7
              My Process Server said it shouldn't be a problem, so we will see.


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