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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Information held by the Police on their crime register

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In 1998, my relative was summonsed before the Magistrates Court for using words likely to cause harassment, alarm or distress. The Police and not the CPS brought the prosecution. However, at the end of the hearing the Magistrates found the case was not proven against my relative and consequently awarded full costs against the Police. Following a recent subject access request to the Police concerning information held on their crime register, my relative has received a substantial amount of information relating to the Police’s case against him in 1998. None of the information obtained from the Police indicates the outcome of the hearing and appears to any person reading it that my relative committed the offence of using words likely to cause harassment, alarm or distress. Obviously, this has caused my relative considerable upset. Can the Police retain this information about him, and if so, without indicating the outcome of the Magistrates Court hearing? Thank you.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has he asked for a copy of his PNC please?
Customer:

Hello, I understand he asked for information on the Police's crime register.

Customer:

The Police responded to his SAR and provided a copy of what they state is a Crime Summary.

Customer:

The Crime Summary is summarised as "in which you are recorded as the offender for harassment."

Alex Watts : But has he asked for a copy of his police national computer printouts? This would list any convictions etc
Customer:

I do not believe so.

Alex Watts : Ok he needs to ask for that,
Alex Watts : That is the official document used
Alex Watts : It should show found not guilty.
Alex Watts : If it does then all is well,
Customer:

My relative's concern is not with where his information is held but what information is held about him. I believe a search of the PNC would not reveal any convictions

Alex Watts : As for retention of documents under the data protection act the police do have a right to retain these records
Alex Watts : Any data held must be accurate,
Alex Watts : If it is not he can apply to the force under the Act to rectify data,
Customer:

So how is it accurate where a court's decision is not recorded?

Alex Watts : If they refuse he can go to the information commissioner who could order the incorrect data to be rectified.
Alex Watts : it is not inaccurate,
Alex Watts : Because it is not saying he was convicted or otherwise.
Alex Watts : If the PNC shows he was not convicted this is the important document.
Alex Watts : But go to the Police and then the ICO
Alex Watts : www.ico.gov.uk
Alex Watts : But you need to go to the force first,
Customer:

Would that be s10 or s14 of the DPA please?

Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : Hold on
Alex Watts : It's neither as you are just asking them to amend it at this stage.
Alex Watts : If the PNC is correct you won't have suffered any loss.
Alex Watts : Does that clarify?
Customer:

In the event that that the Police do not wish to amend, should I submit a general complaint to the ICO?

Alex Watts : Yes
Alex Watts : And if they do not uphold it then you can go to court under section 14
Alex Watts : Can I claiify anything else for you?
Customer:

No, that's great and thanks again for your professional assistance!

Ash and other Law Specialists are ready to help you