SAR

[Guest]

Hi.
I am hoping I can get some good advice from this query. I recently sent a SAR to the Police regarding an extremely traumatic event involving my Daughter when she was wrongfully arrested, detained and strip searched by male officers in our local station. They have refused my request and have cited Part B Chapter 3 45 (4), of the DPA and also General DPA Article 23 (1), as reasons for refusing. I was informed that Section 43 of the DPA gives me something to combat this decision with, but after looking at it, I do not see where this is applicable. I do know that they can only refuse an SAR if the request is thought to be 2manifestly unfounded or excessive." This is absolutely not the case. My Daughter was left completely naked in a cell after her ordeal, and I just want justice for her. I am not after scamming the Police or anything of the sort. I just need this to be recognised as something that should never have happened, and also for the officers concerned to be duly punished. Their own guidelines tell them that strip searches should not be carried out by officers of the opposite sex, and they should only be carried out in any event if the detained person is thought to be carrying an offensive weapon. This has completely broken my Daughter. Please help me find a way to get justice with this.

[Aged William]

Has your daughter got a copy of her custody record?

She (and/or her solicitor and/or her appropriate adult if she has one) has 12 months from release from detention to request, and be provided with, copy of her custody record from the relevant police station.

This record *must* show the reason(s) why a strip search was necessary, those present and any result.

FYI A strip search is not only for offensive weapons, the terminology is: "A strip search may take place only if it is considered necessary to remove an article which a detainee would not be allowed to keep and the officer reasonably considers the detainee might have concealed such an article"

Have a look at PACE Code C - especially Para 2 and Annex A

[Aged William]

PACE Code C...
https://www.gov.uk/government/public...ce-code-c-2019

[Hughie]

Thank you for this. Unfortunately, as I have registered a complaint, they have told me that releasing any information in the case is not in the best interests of justice. They have said I can appeal their refusal of the SAR, but I cannot see how giving us the information will have any detrimental effect whatsoever on the case, as at this moment in time, we are only going through their internal complaint procedure, and not any compensation route. I am not saying that is what we are going to do, I am just pointing this out. In any event, if they continue to refuse, they are in fact, pushing us towards a claim for compensation, as that may be the only way we will gain access to the SAR, as I suppose they will have to release the information then to give us "Equality of Arms" for any possible Court action. Am I right in thinking as such? Thank You again.

[Aged William]

as I have registered a complaint, they have told me that releasing any information in the case is not in the best interests of justice.

Utter rubbish.

Your daughter is entitled to a copy of her custody record within 12 from being released from police detention. End of.

I suggest leaving the FOI & SAR process to one side for a moment, and ask your daughter to go direct to the station's Duty / Custody / Neighbourhood Inspector (terminolgy varies but 101 should be able to help) requesting a copy*

NB it is your daughter, not you, who is entitled to a copy so the request has to come from her.

If they refuse again, then it's time to engage a solicitor.



The relevant extracts from PACE Code C are:

2.4A When a detainee leaves police detention or is taken before a court, they, their legal representative or appropriate adult shall be given, on request, a copy of the custody record as soon as practicable. This entitlement lasts for 12 months after release.

2.5 The detainee, appropriate adult or legal representative shall be permitted to inspect the original custody record after the detainee has left police detention provided they give reasonable notice of their request. Any such inspection shall be noted in the custody record.



* Get an email address and then send them a record of what was discussed and agreed.