Beruflich Dokumente
Kultur Dokumente
Contents
LEGAL DISCLAIMER
1. Why You Should Check Your Police Data
2. The Key to Unlocking Files: Subject Access
! How the police must respond
! How much does subject access cost?
! How to make a subject access request
! SUBJECT ACCESS REQUEST TEMPLATE
! Why you should TELL the police that your request is lawful
! How long should you wait?
! What documents should the police send you?
! Missing documents
! Redacted documents
! Denied documents
! Qualified privilege
3. Freedom of Information
! Types of FOI you can request
! Who can use Freedom of Information?
! How long does an FOI request take?
! Making FOI requests to the police
! What Do They Know?
4. Making Criminal Record Checks Against Your Name
! Types of criminal record check
! Basic Disclosure
! Disclosure Scotland
! Standard DBS Check
! Enhanced DBS Checks
! How to challenge a DBS check without alerting your employer
5. Challenging Information That The Police Hold
! The Data Protection Act
! Exceptional case procedure
! The Human Rights Act
! Triggered Reviews
6. E-mail and Contact Info for 49 Police Forces
More Help On Police Matters
Uncovering Your Hidden Police Data
LEGAL DISCLAIMER
This work has been written in good faith, with the intention of helping
the reader get a more comprehensive grasp on their rights of access to
information stored by the police.
r@crimebodge.com
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Uncovering Your Hidden Police Data
If you have had any dealings with the police in the past 6 years the
chances are they hold some information upon you. Information that you
may not know exists. Information that could be used and shared to
your detriment, even if you have done nothing wrong.
Too much of the data the police hold is excessive and inaccurate, and
used unfairly to criminalize vast swathes of the general public without
many of them ever having been convicted of any crime. Data that may
contain untrue and unsubstantiated rumour. Data that may contain
information that can form the basis of the police’s decision to arrest, or
can influence the decision of an employer to hire or fire you, or can lead
to any number of public authorities to open an investigation into your
activities: From Child Services, to the Inland Revenue, from Customs
and Excise to the Department of Works and Pension.
Not only is EVERYONE the potential subject of a police file, very few ever
discover that the police hold unfounded and potentially damaging
information on them. And sadly, even fewer still succeed in having that
information rectified or destroyed.
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This Ebook explains in depth how to dig out the information the police
are holding on you, where that information may be stored and the
various legal processes you can use to obtain that information. And
where possible, have it destroyed.
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Subject access - also known as SAR - gives you the right to see copies
of your personal information held by public bodies and private
organisations. It is a right of access created by section 7 of the Data
Protection Act.1998.
Not only does it give you the right to see what computer data and paper
files are being processed against your name, it gives you a further right
to ask for the reason the data is being processed, who is sharing the
data and where it originated from.
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The police can ask you to submit proof of identity before they process
your request. This may be in the form of a driving licence, passport or
utility bill. However, they must be reasonable about what they ask for,
and must limit that request to:
You are not obliged to give any more information other than this.
However, be aware that some police data may not be stored against
your name and address. In the case of intelligence and police reports,
it’s possible that information could be attributed to some other
personal identifier: A mobile telephone number, a landline number, a
vehicle registration, a nickname, a partial name or even a physical
description.
The police can only ask for enough information to judge whether the
person making the request is the individual to whom the personal data
relates. This means, if the department or person to whom you are
making the request is already fully aware of your identity, or has
disclosed data sensitive documents to you recently via a known e-mail
or physical address, then you do not need to formerly identify yourself
again.
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However, the more sensitive the data is that is being disclosed, the
more likely it is that they will ask you to submit official documents as
proof of identity.
If you are asked to supply original documents rather than scans, you
should send them via a trackable postal service, or better still take
them in yourself. That way you can insist copies are made on the spot
so you can take the originals away with you.
Although your subject access request will not be processed until your
identity has been verified and the appropriate fee has been paid this
does not prevent you from submitting your request in advance of
payment and I.D.
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For instance, you cannot expect the information officer who will be
processing your application to search every police officer’s notebook
for the past ten years to find every mention of your name, or to sift
through their entire e-mail database to find out what officers may have
been writing about you.
If you can’t target your search within the categories of data we list
within our Ebook ‘What Do the Police Have on You’ or with specific
dates and police officer names, then the police may reject any part of
your request that would require excessive man-hours to process.
Remember, the more specific you are about the information you
require, the more likely your request will be properly fulfilled.
Below is an example of a valid subject access request. You can use this
as a template for your own requests simply by adding or deleting the
categories of information you are seeking:
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Date:
Full Name
Address Line 01
Address Line 02
City, Postcode
Tel: 00000000101
Date of Birth:
E-mail: email@email.com
This e-mail forms part of a valid Subject Access Request. Under principle 6 of the Data
Protection Act the requester is not obligated to fill in any form. If you are in any doubt as to
the validity of this request then please read the ‘Subject Access Code of Practice’, Section
2 which is available from the ICO website here:-
http://ico.org.uk/for_organisations/data_protection/~/media/documents/library/
Data_Protection/Detailed_specialist_guides/subject-access-code-of-practice.PDF
Also, please refer to College of Policing document Data Protection - 3.6.1.3 Validating
requests which states: “Forces cannot compel applicants to use the subject access
templates.”
My identifiers:
(Nicknames)
(Telephone numbers)
(Previous addresses)
1) Copy of any comments placed onto the incident log that refer to the requester or the
requester’s identifiers between the dates of 2010 to present day
2) Copy of any comments made about the requester that are held in the notebooks of the
following officers dating from 22nd June 2015 onwards:-
PS 2222 Sgt Shaun Davies
3) Any information held on the PNC that refers to the requester
4) Details of any telephone call logs that refer to the requester’s name or telephone
number from 22nd June 2015 onwards
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5) Details of any e-mail log that refer to the requester or the requester’s identifiers from
22nd June 2015 onwards
6) Audio copy of radio traffic that prompted PS 2222 Sgt Davies to arrive at my address on
the 22nd June 2015 at approximately 1.30pm
7) CCTV footage from City Road Police Station throughout the duration of my stay from
2.30pm 22nd June 2015 until my departure at approximately 6.30pm the same day.
I shall forward a copy of my identification separately. Please let me know if scanned copies
of my identification are acceptable or if the originals are required.
Also, please let me know the payee and address my £10 cheque or postal order fee
should be submitted to.
Yours sincerely
Full Name
(Electronic signature available on request)
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Why you should TELL the police that your request is lawful
In the first part of our letter we remind the police that the requester is
not obligated to fill in any of their pre-prepared forms. This is because
many people have written to us in the past to tell us that the police have
rejected e-mails, insisting that the requester use the police’s website
or some other method to make a subject access request.
The closing paragraph of the letter gives the information officer the
opportunity to clarify how payment and identification for the subject
access request should be forwarded. It also ensures that you don’t pay
in advance for a request that could be rejected, or go to the trouble of
submitting original identification documents when scanned in copies
would suffice.
At this stage you can e-mail your request to your local force using the
e-mail addresses listed at the back of this E-book.
The police have a 40 day time limit to fulfill your request, which begins
from the moment you make payment. It is standard procedure that the
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information officer will notify you that your request, payment and
identification have been accepted and is being processed.
If the police do not fulfill your request within 40 days then you can
complain to the Information Commissioner’s Office.
It’s impossible to say which documents you are likely to receive upon a
successful request. It all depends upon the detail of your request and
the depth of information that the police hold.
Some people may receive nothing more than a single printout from the
Police National Computer outlining convictions, cautions or arrests.
Others may receive a huge bundle of material, harvested from a variety
of different sources and thrown together in no particular order. It’s rare
that the police send back a notice stating “no information held” but it
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does sometimes happen to those who have no criminal record and have
rarely, if ever, encountered the police as a witness or suspect.
If you have been held in custody and requested all documents relating
to this then you may receive a much thicker file of paperwork. This will
include standard police records that were kept during your stay, such
as custody records and charge sheets.
If you have requested CCTV footage from the police station, cells or
body worn video the this should be supplied on a playable DVD. You
should be able to insert the disc into any laptop or domestic DVD player
to view the footage.
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Missing documents
If you do not receive all of the data that you have asked for you can
contact the Information Officer who fulfilled your request and ask why
they have not been sent. They are obligated to provide you with an
answer.
In most cases this answer will be that the specific records you are
asking for do not exist. Sometimes however they will provide no
explanation or give you a cut and pasted legal response.
If you do not receive all of the documents that you think you should,
and the Information Officer ignores your requests for an explanation,
then let them know that you will be appealing to the Information
Commissioner’s Office. This threat will usually result in a desired
response.
Redacted documents
After receiving your documents you may notice parts that have been
blacked out. Specific words or whole paragraphs may have been hidden
from view that often make the rest of the document unintelligible or
cryptic.
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Denied documents
As well as redacting words and phrases, the police also have powers
under the Data Protection Act to refuse to supply any information that
could prejudice “the prevention or detection of crime or the
apprehension or prosecution of offenders”. Especially if the material is
being used as part of an on-going investigation.
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The simple answer is you can’t. Unless you have definite proof that a
certain document exists there is no real way of ever knowing if the
police are hiding something.
Qualified privilege
The police have further powers to refuse to submit documents that fall
under the heading of qualified privilege or public interest immunity.
This means that if the contents are regarded as a private
communication - say for instance between the police and social
services - the disclosure can be denied simply to protect their rights to
share information and ideas freely with each other.
Some would say that being able to see what ideas and information the
police are sharing would also prevent them from spreading vicious
rumours, but unfortunately the right to qualified privilege trumps your
right to hold the police accountable for honesty and accuracy in the
information they process.
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Freedom of Information
3
Freedom of Information (FOI) gives the public the right to access
official information regarding the activities of public authorities. It is
designed to encourage ‘the openness and accountability of government
departments’.
• Local councils
• Ombudsmen
• The NHS
• Health care
• The BBC
• Museums and galleries
• Parliament
• State schools
• Universities
• Exam boards
• Inspectorates
• Courts and prisons
• Zoos
• National parks
• Tribunals
• Public transport
• Housing associations
• Publicly funded charities
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A public authority also has the right to reject FOI requests where the
disclosure of such information could cause substantial harm to the
public. Where a public authority is in doubt whether to disclose the
information or not they must balance the public’s right to know against
the need to safeguard the public interest. In any event, if the authority
refuses the request they must provide a reason why.
FOI requests are free and can be made via any method of written
communication including social networking. An example of a valid
Freedom of Information request is as follows:
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This is an FOI request. How many police officers were arrested for drunk driving in 2013?
Yours
Name
You don’t have to give your real name or provide an address, although
the authority can ask you to provide proof of your name if they suspect
the one you have supplied is false. There is no law against supplying a
false name or pseudonym when requesting FOI, but you cannot appeal
against a refusal to process the FOI on these grounds.
You do not have to give any reasons why you are making a request.
However applicants are expected to act reasonably and not abuse or
misuse their access rights. Applicants who use FOI to make repeated
requests to the same authority, or demand large volumes of data can
be rejected. So too can those who use FOI to make accusations and
political statements, or request data that can already be found in the
public domain.
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All FOI requests are allowed a statutory time limit of 20 working days to
be processed. If the information is not provided within that time, or the
authority refuses to disclose it, the requester has a right to ask for an
internal review as to why the request was refused.
If after requesting a review the applicant still feels that he has been
wrongly refused he can appeal to the Information Commissioner’s
Office. The ICO investigates each complaint and - if they find that the
information has been wrongly denied - can issue the authority with a
compliance notice forcing them to disclose the information.
You can even appeal against the ICOs investigation if you believe it to
be wrong. The Information Rights Tribunal is part of HM Courts and
Tribunals and they have the power to overturn any decision made by
the ICO. You must appeal to them within 28 days of receiving a
decision notice from the ICO. The Information Rights Tribunal appeal
form and guidance notes can be found on the gov.uk website here:-
https://www.gov.uk/information-rights-appeal-against-the-
commissioners-decision
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At the back of this Ebook we list all the FOI and Subject Access e-mail
addresses of every police force in England and Wales. With FOI you are
not limited to your own local force. You can send the same request to
every police force at the same time.
As well as e-mail you can also send your FOI requests via Twitter or
Facebook, although police forces commonly - and unlawfully - refuse
to process such requests.
The list of information that can be extracted via FOI is almost limitless.
You can ask for information about police vehicles, speed cameras,
police uniform, police procedure and arrest statistics. You can ask for
copies of the Chief Constable’s expenses sheet, request copies of scans
of recruitment posters or ask to see a sample of an official police
warrant card. You can ask the police how much it costs them to change
a lightbulb or how many serving police officers have criminal records.
As long as the information you are asking for is not a request for
sensitive personal information (either yours or somebody else’s) and
does not already exist in the public domain, then you are free to
request anything you believe to be recorded by the police.
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This is a free service which allows you to search and request FOI from
over 15,000 public authorities. It also contains hundreds of thousands
of completed requests made by members of the public so you may find
your question has been answered before you begin.
Not only will the site help you make your own request and locate the
authority to send it to, it will let you know when a reply has been
received, when the authority is overdue on their response and how to
appeal if you are not satisfied with the way your request has been
handled. They also provide templates, prompts and user support on
how best to make your request.
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A criminal record check is the most common request made to the police
for personal data, which is why we deal with them under a separate
chapter. They are often a necessary part of a successful job application,
especially for jobs in security or working with children and vulnerable
people.
Until recently, all applications for criminal record checks were handled
by the Criminal Records Bureau (CRB). However this department has
now been replaced with the Disclosure and Barring Service (DBS). So
what was once known as a CRB check is now referred to as a DBS check.
There are currently 3 types of criminal record check that can be made:-
Basic Disclosure
Standard DBS Check
Enhanced DBS Check
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Basic Disclosure
Basic Disclosure is the lowest level of criminal record check that can be
made. Any employer can request such a check but only with your
consent.
The returned certificate will only show the most recent criminal
convictions: those where you have have been tried in a magistrate’s
court or crown court and found guilty. It will not show any spent
convictions: those where a certain amount of years have elapsed and
the offender is given the right to have the offence officially
‘forgotten’ (subject to the Rehabilitation of Offenders Act).
Time limits for when a conviction becomes spent vary depending on the
offence but can be anywhere from 2 to 11 years.
Basic disclosure will not reveal any arrests, cautions or warnings that
may have been made throughout your lifetime. They will not disclose
any court proceedings where you were found not guilty.
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Basic disclosures only consist of data taken from the Police National
Computer. No information drawn from any other local police database
or intelligence files are used.
Disclosure Scotland
You can obtain a copy of your police record as part of a subject access
to your local force for just £10, but unlike with Disclosure Scotland
EVERYTHING that appears on the PNC will be disclosed. To protect job
applicants from unnecessary disclosure, as of March 2015, it became a
criminal offence for an employer to make it a condition of employment
that an individual use their subject access rights to obtain a copy of
their police records. All employers must apply to the DBS for a copy of
your records - with your consent- who will then determine which
category of disclosure that employer is entitled to. Applying for basic
disclosure through ‘Disclosure Scotland’ will therefore ensure the least
amount of data is revealed.
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A full list of employers that are entitled to make a Standard DBS check
can be found in the Rehabilitation of Offenders Act (ROA) 1974
(Exceptions) Order 1975.
• Harassment warnings
• Anti-social behaviour orders (ASBOs)
• Community resolution orders
• Cannabis warnings (usually issued on the street)
• Fixed penalty notices (FPNs)
• Penalty notices for disorder (PNDs)
• Cautions issued by authorities other than the police
Some old and minor convictions and cautions are filtered from
Standard DBS checks so that they are not included, such as those that
were received under the age of 18. However any convictions committed
under the Sexual Offences Act 2003 will always be disclosed.
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However, if you failed to pay a FPN or PND within the specified time
limit and court proceedings have been concluded in your absence then
it’s likely this will show up on the PNC as part of your criminal record.
Worst of all, you are not even entitled to see what this additional
‘relevant information’ is, even though it is about you.
• Harassment warnings
• Anti-social behaviour orders (ASBOs)
Community resolution orders
• Cannabis warnings
Fixed penalty notices (FPNs)
• Penalty notices for disorder (PNDs)
• Cautions issued by authorities other than the police (e.g. local council)
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By contacting the DBS in this way you can guarantee yourself a certain
amount of anonymity. You can also ask them to give their opinion on
whether or not the application is valid and the DBS can in turn contact
your employer and raise the matter with them without naming you as
having challenged it.
In some cases this can mean that the application is rejected and the
employer will have to make a lower ranking DBS check or will be
excluded from making any DBS checks at all.
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For more help and assistance on challenging DBS checks visit the
Unlock website at http://hub.unlock.org.uk/. A self-help information
site that provides advice for those with concerns about their criminal
record. You can also call their helpline number on 01634 247350.
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If after making a subject access check of your records you believe that
some of the information the police hold on you is inaccurate, out-dated
or causing you substantial harm, then you have a right to request that it
be amended, updated or even deleted.
However, there are still many avenues of lawful process you can exploit
in trying to get your data removed before you make the dramatic leap
into the courtroom:
The Data Protection Act requires that those who record and use
personal information must comply with eight data protection principles
of good practice. The 8 principles are that data must be:
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Under section 42 of the DPA any person can request the ICO to make an
assessment if they believe that they have been adversely affected by the
handling of personal data by the police. The ICO may then issue a
compliance order instructing the police to destroy the data.
Should you be unsuccessful on appeal to the ICO you can still pursue
breaches of the data protection act through the civil court. Under
section 14 of the DPA an individual has the right to seek a court order
for the rectification, blocking, erasure or destruction of inaccurate
personal data. If that person believes they have suffered damage or
distress as a result they may also be entitled to compensation. This
compensation can only be enforced by the courts.
when necessary. The police cannot process any data they wish simply
by claiming it to be in the interests of crime fighting to do so. If
challenged, they must justify their right to retain the information.
Most importantly, data that was originally obtained by the police for
crime prevention but is no longer processed for that purpose is not
exempt from the Data Protection principles.
Chief Police Officers have the power to delete any information held on
either the PNC or local police computers. An individual can seek the
removal of information from the PNC by applying to the relevant force
under the Exceptional Case Procedure.
Unfortunately the police have set the bar very high and to qualify you
would have to convince them that the offence to which the information
relates did not take place at all, that you were unlawfully arrested or
that you were not connected with the incident in any way. Simply asking
them to delete information because disclosure of it might cause you
difficulties in finding employment is not enough.
However, where none of the above criteria exist, the Chief Constable of
the relevant force may still consider the application. He has the power
to approve removal of any personal information provided that the
records were entered by that particular force and the allegations have
not been heard before a court.
All requests for deletion of PNC data should be addressed to the PNC
Liaison & Records Manager of the relevant force.
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Triggered Reviews
Paragraph 7.4 provides that all records which are accurate, up to date
and necessary for policing purposes should be held for a minimum of
six years to assist forces in identifying offending patterns over time.
After that there should be a review in order to determine whether it is
still necessary to keep the record for policing purposes.
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Bedfordshire Police
Woburn Road,
Kempston,
Beds.
MK43 9AX
TEL: 0800 40 50 40
FOI: foi@btp.pnn.police.uk
SAR: dataprotection@btp.pnn.police.uk
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Cambridgeshire Constabulary
Hinchingbrooke Park,
Huntingdon,
Cambridgeshire
PE29 6NP
Cheshire Constabulary
Clemonds Hey,
Oakmere Road,
Winsford
CW7 2UA
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Cleveland Police
Ash House,
Ill Acre,
Princeton Drive,
Thornaby,
Stockton-on-Tees
TS17 6AJ
Cumbria Constabulary
Carleton Hall,
Penrith,
Cumbria
CA10 2AU
Derbyshire Constabulary
Butterley Hall,
Ripley
DE5 3RS
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Dorset Police
Winfrith,
Dorchester,
Dorset
DT2 8DZ
Durham Constabulary
Aykley Heads,
Durham
DH1 5TT
Essex Police
PO Box 2,
Springfield,
Chelmsford,
Essex
CM2 6DA
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Gloucestershire Constabulary
No. 1 Waterwells,
Waterwells Drive,
Quedgeley,
Gloucester,
GL2 2AN
Gwent Police
Turnpike Road,
Cwmbran,
Gwent
NP44 2XJ
Hampshire Constabulary
West Hill,
Romsey Road,
Winchester,
Hampshire
SO22 5DB
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Hertfordshire Constabulary
Stanborough Road,
Welwyn Garden City,
Hertfordshire
AL8 6XF
Humberside Police
Priory Police Station,
Priory Road,
Hull HU5 5SF
Kent Police
Sutton Road,
Maidstone,
Kent ME15 9BZ
Lancashire Constabulary
Saunders Lane,
Hutton nr Preston,
PR4 5SB
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Leicestershire Constabulary
St. Johns,
Enderby, Leicester
LE19 2BX
Lincolnshire Police
PO Box 999,
Lincoln LN5 7PH
Merseyside Police
Canning Place,
Liverpool,
Merseyside L1 8JX
Metropolitan Police
New Scotland Yard,
8-10 Broadway,
Westminster,
London SW1H 0BG
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Norfolk Constabulary
Falconers Chase,
Wymondham,
Norfolk NR18 0WW
Northamptonshire Police
Wootton Hall,
Northampton
NN4 0JQ
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Northumbria Police
North Road,
Ponteland,
Newcastle upon Tyne,
NE20 0BL
Nottinghamshire Police
Sherwood Lodge,
Arnold,
Nottingham
NG5 8PP
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Police Scotland
PO Box 21184
Alloa
FK10 9DE
Staffordshire Police
PO Box 3167,
Stafford
ST16 8JZ
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Suffolk Constabulary
Martlesham Heath,
Ipswich,
Suffolk IP5 3QS
Surrey Police
PO Box 101,
Guildford
GU1 9PE
Sussex Police
Church Lane,
Lewes,
East Sussex
BN7 2DZ
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Warwickshire Police
PO Box 4,
Leek Wootton,
Warwick
CV35 7QB
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Wiltshire Constabulary
London Road,
Devizes,
Wiltshire
SN10 2DN
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If you require any further help with any of the matters raised in this Ebook then
please visit the Crimebodge website, where we provide articles, humour and
resources to assist anyone who has experienced abuses of authority by the police.
You can also e-mail us at r@crimebodge.com with your questions where we will do
our best to help.
Meanwhile, please take a look at some of our other Ebooks which we consider
essential reading for anyone who is considering making a claim against the police,
or acquiring skills in protecting themselves from abuses of authority:
We have helped thousands of people with their police complaints over the
years. In that time we have developed an intimate working knowledge of the
complaints system, and how to exploit it to the advantage of the
complainant…
Take on the Police and Win is a comprehensive guide to beating the police
at their own game and get compensation from them without ever going to
court:
The police routinely collect data on almost everyone they come into contact
with. If you have telephoned the police, made a statement, been stop and
searched, questioned without arrest, charged and prosecuted then the police
will have retained information in relation to this.
What Do The Police Have On You reveals in depth all the different types of
data that the police collect and process. Records, notes, files, computer data,
personal identifiers. You will be amazed at just how much data the police
store and you can obtain, what the information is used for and how it can be
used against you.
No matter where you are, no matter what the situation, when it comes to
talking to the police – as suspect or victim – it always pays to say as little as
possible.
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