Freedom of Information
Discussion
This is one for the legal eagles. If you were arrested would you be entitled to get information on the arrest from the police station that you are taken to.
I have also been led to believe that patrol cars are inspected to make sure everything is hunky dory and logged every shift. Would you be entitled to view these logs and the same goes for breathaliser equipment, would joe public be allowed to view the calibration records etc.
I have also been led to believe that patrol cars are inspected to make sure everything is hunky dory and logged every shift. Would you be entitled to view these logs and the same goes for breathaliser equipment, would joe public be allowed to view the calibration records etc.
Exempt information includes:
[i]31. - (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice-
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,
(d) [ ... ],
(e) [ ... ],
(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,
[ ... ][/i]
Streaky
[i]31. - (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice-
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,
(d) [ ... ],
(e) [ ... ],
(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,
[ ... ][/i]
Streaky
IIRC, if you are arrested you are entitled to a copy of your custody record on release. Your solicitor is also entitled to view the custody record at any time during your detention. If you are charged with an offence and heading to court, the incident report and log, the crime report and all statements (and various other bits and pieces) would be available to you as part of disclosure. You would not need to do a FOI request for them. I don't believe you would get anything beyond the custody record if you were not charged.
Regarding Police vehicles, the vehicle should be checked at the start of the shift by the officer(s) using it - tyres, fluids, lights, etc... but also the interior and in particular under the seats and in the footwells for anything that shouldn't be there. This should also be checked after a prisoner has been transported (preferably in their presence in case anything is found that wasn't there before, though with some prisoners that's impossible). I always do the checks and write in my Pocket NoteBook (PNB) that I have done this whenever I get a vehicle. Driver's details, mileage and fuel are recorded in the vehicle log book (at least, they are for our force and its a disciplinary if you don't!).
PNB entries should be a part of disclosure for a charge. Which bits are photocopied and included depend on the relevance of that bit and other parts are often sanitised. Something like a vehicle search would normally be included only if there was some relevance to the charge. Frankly though, if you had been charged there'd be no reason not to supply it. Vehicle logs are fairly irrelevant - the vehicle which transported the prisoner would be included on the incident log. I don't know if they'd supply a vehicle log.
Roadside breath kits all have a serial number. This would normally be recorded in the officer's PNB when they book out the kit (force dependent I would think) and included in the statement of the officer who conducted the test. A calibration certificate for that device would be available on request by the defence after charge but not routinely included. The certificate for the evidential machine at the station would also be available. The device number should be on the printouts from the machine.
As for joe public getting to see the certificates as a FOI request I haven't a clue. You can always ask! They're not very exciting to be honest. I think the independent custody visitors can ask to have a look at them.
Regarding Police vehicles, the vehicle should be checked at the start of the shift by the officer(s) using it - tyres, fluids, lights, etc... but also the interior and in particular under the seats and in the footwells for anything that shouldn't be there. This should also be checked after a prisoner has been transported (preferably in their presence in case anything is found that wasn't there before, though with some prisoners that's impossible). I always do the checks and write in my Pocket NoteBook (PNB) that I have done this whenever I get a vehicle. Driver's details, mileage and fuel are recorded in the vehicle log book (at least, they are for our force and its a disciplinary if you don't!).
PNB entries should be a part of disclosure for a charge. Which bits are photocopied and included depend on the relevance of that bit and other parts are often sanitised. Something like a vehicle search would normally be included only if there was some relevance to the charge. Frankly though, if you had been charged there'd be no reason not to supply it. Vehicle logs are fairly irrelevant - the vehicle which transported the prisoner would be included on the incident log. I don't know if they'd supply a vehicle log.
Roadside breath kits all have a serial number. This would normally be recorded in the officer's PNB when they book out the kit (force dependent I would think) and included in the statement of the officer who conducted the test. A calibration certificate for that device would be available on request by the defence after charge but not routinely included. The certificate for the evidential machine at the station would also be available. The device number should be on the printouts from the machine.
As for joe public getting to see the certificates as a FOI request I haven't a clue. You can always ask! They're not very exciting to be honest. I think the independent custody visitors can ask to have a look at them.
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