Seized Property - 262/12
Dated: 07 Jun 2011
Date of request: 08/03/2012
Date of response: 21/03/2012
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 8 March 2012 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
What is the force position as to property sized and damaged as the DIRECT RESULT of an ILLEGAL SEARCH and SEIZURE by an officer of this force?
By illegal search and seizure that means A COPY OF PACE 9 WAS HANDED TO THE HOUSE HOLDER AT THE COMMENCEMENT OF THE SEARCH this is as printed inside PACE9 booklet, regardless of which section was used. and required under PACE.
We have now had the opportunity to fully consider your request and I provide a response for your attention.
As advised previously this request has been aggregated with your previous request, FOI 180/12 - Seized Property, due to the cost and time implications as it refers to the same subject area.
Following receipt of your request, searches were conducted with the Legal Department of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police.
I have decided to disclose the located information to you as follows.
Property which was seized as the direct result of an illegal search would have to be returned. Property which was damaged, whether seized unlawfully or not, would result in compensation being paid to the owner as long as the damage was shown to be negligence on the part of the officer or officers seizing the property.
You may be interested to know that Northumbria Police routinely publish information that has been disclosed by Northumbria Police in response to requests made under the Freedom of Information Act 2000 via the Disclosure Log. The aim of the Disclosure Log is to promote openness and transparency by voluntarily placing information into the public arena.
Whilst it is not possible to publish all responses we will endeavour to publish those where we feel that the information disclosed is in the public interest. The Disclosure Log will be updated once responses have been sent to the requester. I have provided the relevant link below:-
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.