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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70647
Experience:  Over 5 years in practice
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I am a serving police officer I was arrested for misconduct

Customer Question

I am a serving police officer I was arrested for misconduct in a public office. The allegation is that I passed data to a journalist. Prior to my arrest my phone records had been obtained and produced in disclosure. How can my phone record be obtained prior to arrest, on a arrest I was given no necessity reasons from the arresting officer and none were passed to the custody sgt. I feel both actions were illegal
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Sorry, which actions?

What do you mean? Necessity for an arrest?
Customer: replied 3 years ago.
Phone records obtained prior to arrest. On arrest the necessity of the arrest must be given ie prompt and effective etc
Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but what is wrong in principle with obtaining your phone records?

You are not of the view that there was no relevance?
Customer: replied 3 years ago.
What authority would they have to view my phone records prior to any arrest? On arrest my phone was seized I understand that but prior?
Expert:  Jo C. replied 3 years ago.
Well, obviously I haven't had vision of this case but I would imagine that they justified it under S22 RIPA here

http://www.legislation.gov.uk/ukpga/2000/23/section/22

Under S22[2] of preventing and detective crime.

I'm not sure whether you mean necessity for your arrest or necessity for the recovery of your phone records?

I'm happy to discuss this and obviously I only have limited information but I would expect that is what they are relying upon.