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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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If I have been refused disclosure of information under DPA

Resolved Question:

If I have been refused disclosure of information under DPA 35.2 (b) com I issue proceedings in the small claims court
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Who do you mean by SYP please?
Customer: replied 1 year ago.

South Yorkshire Police

Expert:  Jo C. replied 1 year ago.
Ok. What was the allegation and what was the outcome?
Customer: replied 1 year ago.

The allegation (as portrayed by the police was that the accuser says I scratched his car there was no witness to the event and no cctv coverage the police have arrested me and kept me detained for 5hrs released me

I took the to Court because they wouldn't release the cctv footage of the charge room. I did that because they were trying to hussle me into signing a confession which is on the cctv. I later discovered a witness who say the disagreement I had had with the accuser who witness his verbal threats to me and me driving away . he also say the accusers passenger who it turns out was one of the police officer who arrested me.

Expert:  Jo C. replied 1 year ago.
Thanks. ***** need to know is what was the outcome of the allegation?
Customer: replied 1 year ago.

I was arrested on suspicion of criminal damage to the accusers car the allegation was dropped, when I took the police to Court over disclosure of the CCTV It was also shown that the evidence the police had produced to support my arrest on suspicion was MANUFACTURED. The police have not admitted to the officer being the accusers passenger and the officer didn't give a statement or admit to being in the Car. The took place in a shopping centre called Meadowhall their security staff disassociate themselves with what the police had done. Oh if it matters I'm in my 70's and during the "arrest" the Officers admitted using martial aid pressure point techneques on me. There are no charges of any discription against me. Though I do wish to collate information to sue.

Expert:  Jo C. replied 1 year ago.
When you say dropped do you mean formerly NFAed at the police station?
Customer: replied 1 year ago.

yes

Expert:  Jo C. replied 1 year ago.
Were you bailed for CPS advice?
Customer: replied 1 year ago.

No - Police making further inquiries- dont know what- never found out - but the information that I eventually got from Meadowhall security and under Subject Access Request to the police - enverything was dated prior to my arrest. in truth all they had was the accuser saying he turned and saw me standing by his car which it eventually turned out was 100yds away behind 600 cars he described me as in my fifties with blonde hair and glasses his passenger the female police office in her statement describes me as in my fifties with bleached blonde hair and glasses. The police have admitted destroying my fingerprints and DNA records.as requested Went I went to court for disclosure of of the cctv (small clams) the police had there a barrister, the senior police solicitor and the police compliance officer. and lost with costs.

Expert:  Jo C. replied 1 year ago.
OK. You have a variety of options. I know that they will do this. They are trying to avoid reprisals by refusing the name of the informant and that is fine but it does mean that you cannot easily take action.
Are you trying to act against the informant though or the police? I realise you need disclosure to know but what is your long term plan?
Customer: replied 1 year ago.

When I was arrested I was brutalized I had bruising to my ribs , bruising to my wrists wrists where the handcuff had been and I later discovered I had a detached retina. Their was two officers who arrested me, one , the woman ive told you about the other was a man of 18 stone -- what is my ultimate wish - to sue the police if possible - to sue the accuser if possible.

Expert:  Jo C. replied 1 year ago.
I'm not sure on what basis you could sue the accuser. If all he said was that he saw you standing next to his property then that isn't actionable. Unless you are arguing that is untrue although even that doesn't amount to defamation.
Your point really is that an allegation that you were standing by the vehicle isn't enough to amount to an allegation of criminal damage. That is all very well but it isn't enough to act against the accuser.
In terms of police action, it is enough to amount to circumstancial evidence. They need very little to justify an arrest. Literally only the barest suspicion that you might have been responsible.
The real complaint here is that manner of arrest. I would have expected an invitation to attend voluntarily in these circumstances. If you had refused that invitiation then a more aggressive arrest might have been legitimate. They certainly shouldn't be using force unless you were struggling and it was needed to restrain you. That would be a legitimate complaint to the IPCC.
In terms of forcing disclosure, I know they will do this. There are lots of reasons for it. Some have merit, some don't. The only way to force them is to get a court order of disclosure and to do that you have to piggy back it upon another cause of action. Your difficulty here may be that the accuser isn't really a realistic defendant if that is all he has said.
You can also complain to the ICO but with police retentions I wouldn't waste your time. They are not controlled by the ICO.
Can I clarify anything for you?
Jo
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Customer: replied 1 year ago.

What about this:

If I put a SAR for disclosure on the grounds that thee is a proma facea case that there has been collusion between the female police officer( who is stationed at Meadowhall) and the accuser. I appreciate they will both deny it But the police officer can't resist putting every thing on face book - all her friends and workmates. once I know him if he is on face book I can tie the two together, The police will almost certainly refuse to divulge information under section 7.4 I can the apply to the court for a Judge to view the information DPA 15.2 and ask him to consider releasing the information under section 35.2(b)

as a final request does this sound feasible.

Expert:  Jo C. replied 1 year ago.
Nobody can stop you doing that but you will get the same DPA response.
Then you have to fall back upon the court order but then you need to show a cause of action against the accuser giving rise to the need for this evidence. On these facts Im afraid I can't see it.
Sometimes people do lie to the police and to courts. Usually though people who make false allegations to get people in trouble do so properly and name an individual and say they witnessed the crime. They dont usually make very weak allegations.
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