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Uncovering Your Hidden Police Data

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

As much as we strive to keep our information accurate and up to date,


we cannot be held liable for any errors or omissions that may occur in
this Ebook. Nor can we be held accountable for any action that you may
choose to take in relation to the information contained within.

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.

We do not advocate criminality of any kind, nor suggest that this


information should be used to help the lawless evade detection or
defeat justice. Nor would we ever knowingly mislead, misinform or
impart irresponsible advice.

We encourage you to apply discretion and common sense when acting


upon any of the the information outlined here. Where there is any
doubt, we urge you to do your own research. A full list of all the
materials we used in compiling this document are listed in the
bibliography section in the final pages.

If you should encounter anything during your requests that is not


covered by this Ebook, then feel free to e-mail us at:

r@crimebodge.com

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Why You Should Check Your


1 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.

The simple fact is you don’t have to be a criminal or a suspect to have


your data stored and held by the police. They will store information on
almost anyone the come into contact with: Witnesses to crime, friends
and neighbours of criminals, activists, complainants, and most
significantly of all anyone who has been on the end of a malicious
report or allegation that could have been made by someone with a
grudge against YOU.

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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The Key to Unlocking Files:


2 Subject Access

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.

Subject access requests can be sent to any organisation that is


registered to collect and process sensitive information, such as:

• Credit reference agencies


• Banks
• Employers
• The Police
• The IPCC
• Local councils
• Social Services
• Doctors
• CCTV controllers
• Therapists
• Libraries
• Inland Revenue
• Schools, colleges and universities

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How the police must respond

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:

Your name and address


Your date of birth
A photocopy or computer scan of a driving license or passport
A photocopy or computer scan of a recent utility bill

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.

It is entirely up to you how much personal information you give to the


police to locate your documents, but if you think they may have
information on you stored under any other identifier then you can
supply that information so that you don’t have to make multiple
requests later.

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.

How much does subject access cost?

There is a nominal charge of £10 when making a subject access request


to any authority, irrespective of how much data you are asking for. You
cannot be charged more than £10, except in the rare circumstances the
authority has to go to extreme lengths to fulfill your request. In those
instances they must notify you in advance to let you know what the cost
of the search is likely to be. If the fee is not paid the organisation can
refuse to process the request.

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.

How to make a subject access request

It’s crucial to understand that when making a request for information


you don’t simply state: “Please supply me with every piece of data you
currently hold against my name.”

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Non-specific requests such as these usually result in the police


returning the bare minimum of documents. In some cases they may
reject the request as nothing more than a ‘fishing exercise’.

Your request must be reasonable and accurate.

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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SUBJECT ACCESS REQUEST

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)

THIS IS A REQUEST FOR THE FOLLOWING DATA

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.

This is unlawful on the police’s part because any refusal to accept a


subject access request written in your own words and e-mailed to them
can be immediately appealed against. Just contact the Information
Commissioners Office (The government office tasked with overseeing
data protection, freedom of information and subject access complaints)
who will almost certainly instruct the police to comply.

By ‘reminding’ the information officer of what the law is surrounding


valid subject access requests, you can prevent them rejecting the
request out of hand.

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.

How long should you wait?

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 you are in any doubt as to whether or not your request is being


handled - or you need any further instruction regarding payment or
identification - then ASK. You can e-mail the information office again
or simply call 101 and ask to speak to the subject access department of
your local constabulary.

If there is any confusion as to what it is you are requesting, or the


Information Officer requires more detail to process your request, then
they should contact you for clarification. Bare in mind that any such
prompt for more detail will automatically set the time limit for handling
your request back to zero, although the Information Officer cannot use
this as a way of stretching out or delaying the processing of your
request.

If the police do not fulfill your request within 40 days then you can
complain to the Information Commissioner’s Office.

What documents should the police send you?

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.

Documents received may take many forms. If it is a printout from the


Police National Computer then it will often be an original - not a copy -
directly from the Disclosure and Barring Service on official letter headed
paper. This will list any offences you may have been arrested for,
cautioned, charged, prosecuted and convicted of. It may also detail any
harassment notices, anti social behaviour orders and other minor
identification notices.

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 were a witness to a crime, then your returned documents may


contain a copy of your witness statement, or - if requested - the notes
made at at the scene in an officer’s notebook. The officer’s notebook
itself may be just an A4 photocopy of the relevant pages with very little
of the police officer’s handwriting legible.

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.

Radio communications and recorded police telephone calls should


be supplied on an audio CD. Again playable upon any computer or
domestic CD player.

Police interview tapes are usually supplied on audio cassette copies.


An archaic media that means you having to buy a cheap cassette player
to listen to it.

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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.

This is standard procedure among authorities that process subject


access requests. Sensitive information such as e-mail addresses,
telephone numbers, names and addresses are covered with strips of
tape on the original documents before being copied and forwarded on
to you.

This is known as redaction.

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In most cases the information is removed because it refers to another


individual, or reveals sensitive information about someone other than
yourself. Sometimes the information is redacted because it is privileged
information, or information that should not be disclosed due to an
ongoing case or investigation.

Occasionally however, documents are redacted simply because to


reveal the information beneath those black bars could be
compromising or potentially embarrassing to the force. They certainly
won’t reveal this fact and will instead hide behind any number of get
out clauses and exemptions that are granted to law enforcement within
the schedules of the Data Protection Act.

If you genuinely believe that information has been redacted unlawfully


then you can appeal to the Information Commissioner’s Office to have
it revealed. The ICO have powers to enforce disclosure of material that
public authorities are unfairly holding back and will deal with each
complaint on a case by case basis.

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.

Unfortunately, this excuse can often be used as a catch-all for the


police to remove almost ANYTHING they don’t want the recipient to see.
After all, if you cannot see it, how are you supposed to know if it has
been removed legitimately?

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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.

Qualified privilege can be defeated if it can be proven that the author of


the contents did not have an honestly held belief that the information
they were sharing was truthful or accurate. The evidential burden of
proving such malicious intent is extremely high and could only be
decided by a civil court trial, the proceedings of which you would have
to bring yourself.

Unfortunately, how to bring a civil claim against the police is beyond


the scope of this Ebook, but in the last chapter we explain the process
of challenging and contesting erroneous, damaging and out-dated
information that the police may hold.

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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’.

FOI is provided under The Freedom of Information Act 2000. Notably


section 1(1) which states that an individual who asks for information
must be told if that information is held, and if so, have it disclosed to
them.

This right to access covers any recorded information held by a public


authority in England, Wales and Northern Ireland. As well as the police it
includes almost all government departments and public funded bodies
such as:

• 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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• Fire and rescue


• The armed forces

Security forces such as MI5 and MI6 are exempt.

FOI does not extend to private businesses such as newspapers, internet


companies, private television companies and banks.

Types of FOI you can request

Information you can obtain using Freedom of Information includes:


printed documents, computer files, letters, drafts, memos, emails,
notes, photographs, telephone recordings and CCTV footage.

You cannot use it to access the personal records of local authority


employees. Nor can you use it to obtain information which hasn’t been
‘recorded’ by a public authority. For instance, you cannot request the
details of a conversation that was had (unless it was recorded and
stored), opinions that may be held or information that exists in
someone’s head. If it has not been written down, recorded onto media
or stored digitally via a computer or database then it cannot be said to
physically exist and will not be created simply to provide an answer.

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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Dear Derby Police

This is an FOI request. How many police officers were arrested for drunk driving in 2013?

Yours

Name

It’s as easy as that!

Who can use Freedom of Information?

Anyone can make a Freedom of Information request. You don’t have to


be a UK citizen, or reside in the UK. Requests can be made on behalf of
companies, organisations, campaign groups and websites.

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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How long does an FOI request take?

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.

This review cannot be handled by the same Information Officer who


dealt with the original request, and all reviews must be responded too
within 20 working days.

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.

The e-mail address for reporting matters to the ICO is:


casework@ico.org.uk

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

It’s even possible to appeal against the Information Rights Tribunal


decision. To do so you would have to submit an application for
permission to the Court of Appeal.

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Making FOI requests to the police

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.

However, bare in mind that as with subject access, if the information


you are requesting is part of an ongoing investigation or could impede
justice, then the police can refuse to process your FOI request.

What Do They Know?

There is a website devoted exclusively to Freedom of Information


requests called What Do They Know?: www.whatdotheyknow.com

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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.

Just bare in mind that due to the public nature of Freedom of


Information both your request and its response will be public. For this
reason the authority in question may be cautious about the response
they give and may drag their heels in replying.

In our experience the best way to make an FOI request is to do so from


a private e-mail address. Not only are these handled much quicker by
the authorities, they are often much more frank with the information
they share.

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Making Criminal Record Checks


4 Against Your Name

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.

Criminal record checks may also be requested before certain licenses,


visas and registrations can be granted.

A potential employer or any other requester CANNOT access your


criminal record without your permission, and can only do so once you
have filled in and signed the appropriate application or consent form.
You are not legally obliged to give your consent but if you refuse, the
employer will most likely reject your job application.

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.

Types of criminal record 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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We will explain each of them in turn as they vary as to who has


permission to access them and the type of information that can be
disclosed.

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.

Judgements made in civil court or those that incurred on-the-spot


fines or fixed penalty notices will not show up on police records, such
as County Court Judgements, non payment of parking fines or non
payment of council tax.

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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

All basic disclosure applications are handled by a service called


Disclosure Scotland. The standard charge for this is approximately £25
and requires your proof of I.D, name, address and date of birth.

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.

Standard DBS Check

A Standard DBS check is a more detailed breakdown of information held


on the Police National Computer. Access to this service is restricted to a
limited range of employers.

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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.

In general anyone who works with children or vulnerable adults, or is


employed in the business of security, public transport and legal
services would have to undergo a Standard DBS check to secure
employment.

Information disclosed would be any cautions, reprimands and warnings


you have had from the police or any government department who lists
you as unsuitable to work with children. It also includes a list of any
convictions (including spent convictions) that you may have.

The following records do NOT count as convictions, cautions, final


warnings or reprimands and will not be disclosed on a standard DBS
check:

• 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.

Again, on-the-spot-fines such as Fixed Penalty Notices (FPN) and


Penalty Notices for Disorder (PND) will not show on a standard DBS
check and you are not obliged to disclose them. These penalties are
recorded on local police computers and do not usually form part of
Police National Computer records.

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Uncovering Your Hidden Police Data

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.

As with Basic Disclosure, any arrests, 'no further action' outcomes,


discontinuance, not guilty verdicts, acquittals or allegations will not
show up and you do not need to declare them.
 

Enhanced DBS Checks

Enhanced Disclosure consists not only of information held on the Police


National Computer but any information that is held on local police force
computers that may be ‘relevant’. Unfortunately this means that
rumour, allegation and misinformation - such as those contained on
harassment warnings or within police intelligence files - can also be
disclosed to your employer if a senior officer thinks it warrants being
mentioned.

Worst of all, you are not even entitled to see what this additional
‘relevant information’ is, even though it is about you.

Enhanced DBS checks will consist of all convictions, cautions, final


warning and reprimands as well as the following:

• 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)

Recently however, judgements made by the European Court have


deemed certain information released to potential employers under

26
Uncovering Your Hidden Police Data

these enhanced checks as being in breach of Article 8 of the Human


Rights Act (Right to Respect for Private and Family Life).

As it stands, such legal precedent will be of little comfort to those who


are asked to undergo such checks, as to refuse to undertake one will
almost certainly be a condition of employment.

How to challenge a DBS check without alerting your employer

If you think your employer or potential employer is undertaking a DBS


check that they are not eligible to request, then you can challenge it.

This can be done mid application by contacting the DBS on 0870 90 90


811. You can also use this number to obtain general advice concerning
criminal record checks.

The DBS has a formal process to query eligibility checks ‘mid


application’, but they must be in receipt of the application first.

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.

It is an offence for any organisation to submit a DBS application for a


position that they know is not eligible for a criminal record check.

27
Uncovering Your Hidden Police Data

If you believe that an ineligible DBS check has been made by an


organisation then as well as contacting the DBS you can also report it to
the Information Commissioners Helpline on 0303 123 1113.

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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Uncovering Your Hidden Police Data

Challenging Information That


5 The Police Hold

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.

Unfortunately there is no easy method of doing this. Even in light of


recent court rulings whereby the police have been forced to destroy
excessive or unnecessary data, there are still no mechanisms in place
for people to make requests for deletion directly to the police.

In most instances, those who are successful at having their data


destroyed have had to go through lengthy court proceedings to achieve
their aims. In all but a handful of cases the civil courts still remain the
only authority that has the power to rule upon your right to have
information 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

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:

29
Uncovering Your Hidden Police Data

• Fairly and lawfully processed


• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate
• Not kept longer than necessary
• Processed in accordance with the data subject’s rights
• Secure
• Not transferred to countries, which do not have adequate protection for
personal data

Under Section 10 of the Act you are entitled, in limited circumstances,


to write to the police requesting that personal information likely to
cause unwarranted substantial damage or distress must be deleted.
The Chief Constable of each individual force is registered as the Data
Controller for such records and they have the authority to delete
information. Should they refuse then you may appeal to the ICO. 

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.

Before embarking on a Data Protection claim it’s important to


understand that there are certain exemptions within the Act for
processing data used for the prevention and detection of crime, and the
apprehension or prosecution of offenders. However, these exemptions
must be applied by the police on a case by case basis, and only used
30
Uncovering Your Hidden Police Data

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.
 

Exceptional case procedure

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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Uncovering Your Hidden Police Data

The Human Rights Act

Unjustified police data that interferes with an individuals right to


respect for their private life is a breach of Article 8 of the European
Convention on Human Rights. If it can be justified by showing that the
data serves the public interest in a sufficiently important way then a
human rights claim may fail. However the burden of proving that the
interference is justified rests entirely upon the police, something they
may be wary of doing when it is cheaper, quicker and easier just to
delete the data rather than face a long and costly court battle.
 

Triggered Reviews

By far the quickest and most effective way of having unfounded


allegations removed from police databases is to trigger a review. This
usually occurs when an individual makes a subject access request for
the data that they are objecting to.

The collection and management of data on police databases is


regulated by the Data Protection Act 1998. It is also subject to the Code
of Practice issued by the Home Secretary under the Police Acts 1996
and 1997 and the Guidance on the Management of Police Information
published by the National Policing Improvement Agency.

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.

32
Uncovering Your Hidden Police Data

E-mail and Contact Info for 49


6 Police Forces

Avon & Somerset Constabulary


Police Headquarters,
PO Box 37,
Valley Road,
Portishead,
Bristol
BS20 8QJ

TEL: 01275 818340


FOI: FOIREQUESTS@avonandsomerset.police.uk
SAR: cimreplies@avonandsomerset.police.uk

Bedfordshire Police
Woburn Road,
Kempston,
Beds.
MK43 9AX

TEL: 01234 841212


FOI: foi@bedfordshire.pnn.police.uk
SAR: dataprotection@bedfordshire.pnn.police.uk

British Transport Police


1 Queen's Road,
Nottingham
NG2 3AS

TEL: 0800 40 50 40
FOI: foi@btp.pnn.police.uk
SAR: dataprotection@btp.pnn.police.uk

33
Uncovering Your Hidden Police Data

Cambridgeshire Constabulary
Hinchingbrooke Park,
Huntingdon,
Cambridgeshire
PE29 6NP

TEL: 01480 456111


FOI: foi@cambs.pnn.police.uk
SAR: dataprotection@cambs.pnn.police.uk

Cheshire Constabulary
Clemonds Hey,
Oakmere Road,
Winsford
CW7 2UA

TEL: 0845 458 0000 / 01244 350000


FOI: foi@cheshire.pnn.police.uk
SAR: data.protection@cheshire.pnn.police.uk

City of London Police


PO Box 36451,
London
EC2M 4WN

TEL: 0207 601 2222


FOI: foi@city-of-london.pnn.police.uk
SAR: fib@citoflondon.police.uk

Civil Nuclear Constabulary


F6 Culham Science Centre
Abingdon
Oxfordshire
OX14 3DB

TEL: 01235 466 606


FOI: info@cnpa.pnn.police.uk
SAR: subjectaccessrequest@cnc.pnn.police.uk

34
Uncovering Your Hidden Police Data

Cleveland Police
Ash House,
Ill Acre,
Princeton Drive,
Thornaby,
Stockton-on-Tees
TS17 6AJ

TEL: 01642 326326


FOI: foi@cleveland.pnn.police.uk
SAR: datacomplianceunit@cleveland.pnn.police.uk

Cumbria Constabulary
Carleton Hall,
Penrith,
Cumbria
CA10 2AU

TEL: 0300 1240111


FOI: freedomofinformation@cumbria.police.uk
SAR: subjectaccess@cumbria.police.uk

Derbyshire Constabulary
Butterley Hall,
Ripley
DE5 3RS

TEL: 0345 123 3333


FOI: FOI@derbyshire.pnn.police.uk
SAR: foi@derbyshire.pnn.police.uk

Devon & Cornwall Police


Middlemoor,
Exeter,
Devon,
EX2 7HQ

TEL: 01392 420320


FOI: foi@devonandcornwall.pnn.police.uk
SAR dataprotection@devonandcornwall.pnn.police.uk

35
Uncovering Your Hidden Police Data

Dorset Police
Winfrith,
Dorchester,
Dorset
DT2 8DZ

TEL: 01202 222222


FOI: foi@dorset.pnn.police.uk
SAR: subjectaccess@acro.pnn.police.uk

Durham Constabulary
Aykley Heads,
Durham
DH1 5TT

TEL: 0345 6060 365


FOI: freedomofinformation@durham.pnn.police.uk
SAR: data.protection@durham.pnn.police.uk

Dyfed Powys Police


PO BOX 99 
Llangunnor 
Carmarthen 
SA31 2PF

TEL: 01267 222020


FOI: foi@dyfed-powys.pnn.police.uk
SAR: dataprotection@dyfed-powys.pnn.police.uk

Essex Police
PO Box 2,
Springfield,
Chelmsford,
Essex
CM2 6DA

TEL: 01245 491491


FOI: foi@essex.pnn.police.uk
SAR: datafoi@essex.pnn.police.uk

36
Uncovering Your Hidden Police Data

Gloucestershire Constabulary
No. 1 Waterwells,
Waterwells Drive,
Quedgeley,
Gloucester,
GL2 2AN

TEL: 01452 726920


FOI: foi@gloucestershire.pnn.police.uk
SAR: DPO@gloucestershire.police.uk

Greater Manchester Police


Central Park,
Northampton Road,
Manchester
M40 5BP

TEL: 0161 872 5050


FOI: freedomofinformation@gmp.police.uk
SAR: subjectaccess@gmp.police.uk

Gwent Police
Turnpike Road,
Cwmbran,
Gwent
NP44 2XJ

TEL: 01633 838111


FOI: foi@gwent.pnn.police.uk
SAR: dataprotection@gwent.pnn.police.uk

Hampshire Constabulary
West Hill,
Romsey Road,
Winchester,
Hampshire
SO22 5DB

TEL: 01962 841534


FOI: information@hampshire.pnn.police.uk
SAR: data.protection@hampshire.pnn.police.uk

37
Uncovering Your Hidden Police Data

Hertfordshire Constabulary
Stanborough Road,
Welwyn Garden City,
Hertfordshire
AL8 6XF

TEL: 01707 354000


FOI: foi@herts.pnn.police.uk
SAR: informationservices@herts.pnn.police.uk

Humberside Police
Priory Police Station,
Priory Road,
Hull HU5 5SF

TEL: 0845 6060 222


FOI: informationcomplianceunit@humberside.pnn.police.uk
SAR: informationcomplianceunit@humberside.pnn.police.uk

Kent Police
Sutton Road,
Maidstone,
Kent ME15 9BZ

TEL: 01622 690690


FOI: freedomofinformation@kent.pnn.police.uk
SAR: data.subject.access@kent.pnn.police.uk

Lancashire Constabulary
Saunders Lane,
Hutton nr Preston,
PR4 5SB

TEL: 01772 614444


FOI: information@lancashire.pnn.police.uk
SAR: data.protection@lancashire.pnn.police.uk

38
Uncovering Your Hidden Police Data

Leicestershire Constabulary
St. Johns,
Enderby, Leicester
LE19 2BX

TEL: 0116 222 2222


FOI: data.protection@leicestershire.pnn.police.uk
SAR: data.protection@leicestershire.pnn.police.uk

Lincolnshire Police
PO Box 999,
Lincoln LN5 7PH

TEL: 01522 532222


FOI: foi@lincs.pnn.police.uk
SAR: dataprotection@lincs.pnn.police.uk

Merseyside Police
Canning Place,
Liverpool,
Merseyside L1 8JX

TEL: 0151 709 6010


FOI: foi@merseyside.police.uk
SAR: Dataprotection@merseyside.police.uk

Metropolitan Police
New Scotland Yard,
8-10 Broadway,
Westminster,
London SW1H 0BG

TEL: 020 7230 1212


FOI: FOIRequestForm-DOI@met.police.uk
SAR: PublicAccessOffice@met.police.uk

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Uncovering Your Hidden Police Data

Norfolk Constabulary
Falconers Chase,
Wymondham,
Norfolk NR18 0WW

TEL: 01953 424242


FOI: freedomofinformation@norfolk.pnn.police.uk
SAR: Dataprotection@norfolk.pnn.police.uk

North Wales Police


North Wales Police Headquarters 
Glan-y-Don
Abergele Road
Colwyn Bay
LL29 8AW

TEL: 0300 330 0101


FOI: FreedomofInformationTeam@nthwales.pnn.police.uk
SAR: dataprotectionenqs@nthwales.pnn.police.uk

North Yorkshire Police


Newby Wiske,
Northallerton,
North Yorkshire,
DL7 9HA

TEL: 0845 6060 247 / 01609 768000


FOI: Informationlaw@northyorkshire.pnn.police.uk
SAR: Civildisclosure@northyorkshire.pnn.police.uk

Northamptonshire Police
Wootton Hall,
Northampton
NN4 0JQ

TEL: 03000 111 222


FOI: freedomofinformation@northants.police.uk
SAR: dataprotection@northants.pnn.police.uk

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Uncovering Your Hidden Police Data

Northumbria Police
North Road,
Ponteland,
Newcastle upon Tyne,
NE20 0BL

TEL: 01661 872555


FOI: freedom.info@northumbria.pnn.police.uk
SAR: data.protection@northumbria.pnn.police.uk

Nottinghamshire Police
Sherwood Lodge,
Arnold,
Nottingham
NG5 8PP

TEL: 0115 967 0999


FOI: freedomofinformation@nottinghamshire.pnn.police.uk
SAR: data.protection@nottinghamshire.pnn.police.uk

Police Service of Northern Ireland


105 Grosvenor Road,
Belfast
BT12 4GL

TEL: 0845 600 8000


FOI: FOI@psni.pnn.police.uk
SAR: accesstoinformation@psni.pnn.police.uk

Royal Ulster Constabulary George Cross Foundation


Brooklyn,
65 Knock Road,
Belfast,
BT5 6LE

TEL: 028 9070 0116


FOI: rucgcfoundation@nics.gov.uk
SAR: rucgcfoundation@nics.gov.uk

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Uncovering Your Hidden Police Data

Police Scotland
PO Box 21184
Alloa
FK10 9DE

TEL: 01259 732208


FOI: enquiries@scdea.pnn.police.uk
SAR: dataprotectionaberdeen@scotland.pnn.police.uk

South Wales Police


Cowbridge Rd,
Bridgend,
Mid Glamorgan,
CF31 3SU

TEL: 01443 743775


FOI: foi@south-wales.pnn.police.uk
SAR: dataprotection@south-wales.pnn.police.uk

South Yorkshire Police


Atlas Court,
28 Atlas Way,
Sheffield,
South Yorkshire
S4 7QQ

TEL: 0114 220 2020


FOI: foi@southyorks.pnn.police.uk
SAR: subjectaccess@southyorks.pnn.police.uk

Staffordshire Police
PO Box 3167,
Stafford
ST16 8JZ

TEL: 0300 123 4455


FOI: foi@staffordshire.pnn.police.uk
SAR: iat@staffordshire.pnn.police.uk

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Uncovering Your Hidden Police Data

Suffolk Constabulary
Martlesham Heath,
Ipswich,
Suffolk IP5 3QS

TEL: 01473 613500


FOI: information@suffolk.pnn.police.uk
SAR: dataprotection@suffolk.pnn.police.uk

Surrey Police
PO Box 101,
Guildford
GU1 9PE

TEL: 01483 571212


FOI: foi@surrey.pnn.police.uk
SAR: subjectaccess@pnn.police.uk

Sussex Police
Church Lane,
Lewes,
East Sussex
BN7 2DZ

TEL: 01273 475432


FOI: foi@sussex.pnn.police.uk
SAR: data.protection@sussex.pnn.police.uk

Tees and Hartlepool Harbour Police


17-27 Queen's Square
Middlesbrough
TS2 1AH

TEL: 01642 277201


FOI: police@pdports.co.uk
SAR: Harbour.Police@pdports.co.uk

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Uncovering Your Hidden Police Data

Thames Valley Police


Oxford Road,
Kidlington,
Oxfordshire
OX5 2NX

TEL: 01865 841148


FOI: information@thamesvalley.pnn.police.uk
SAR: PublicAccess@thamesvalley.pnn.police.uk

Warwickshire Police
PO Box 4,
Leek Wootton,
Warwick
CV35 7QB

TEL: 01926 415000


FOI: Freedom.Information@warwickshire.pnn.police.uk
SAR: Data.Protection@warwickshire.pnn.police.uk

West Mercia Police


Hindlip Hall,
Hindlip,
Worcestershire,
WR3 8SP

TEL: 0300 333 3000


FOI: information@westmercia.pnn.police.uk
SAR: information@westmercia.pnn.police.uk

West Midlands Police


Lloyd House,
Colmore Circus,
Birmingham
B4 6NQ

TEL: 0345 113 5000


FOI: foi@west-midlands.police.uk
SAR: dataprotection@west-midlands.pnn.police.uk

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Uncovering Your Hidden Police Data

West Yorkshire Police


PO Box 9,
Wakefield,
WF1 3QP

TEL: 0845 6060 606 / 01924 375222


FOI: foi@westyorkshire.pnn.police.uk
SAR: dp@westyorkshire.pnn.police.uk

Wiltshire Constabulary
London Road,
Devizes,
Wiltshire
SN10 2DN

TEL: 0845 408 7000 / 01380 735735


FOI: disclosure@wiltshire.pnn.police.uk
SAR: disclosure@wiltshire.pnn.police.uk

45
Uncovering Your Hidden Police Data

More Help On Police Matters

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:

Take On The Police And Win


by Rob Warner

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:

• How to make complaints that stick and appeals that succeed


• How to obtain payouts from the police without going to court
• How to prevent the police from sabotaging your complaint
• Complaint and claim letter templates
• A comprehensive guide on obtaining professional legal help for free
• A no nonsense breakdown of the entire complaints and appeal process
• The e-mail addresses of every police complaint department in England and
Wales
46
Uncovering Your Hidden Police Data

What Do The Police Have On You


by Rob Warner

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.

Right to Remain Silent


by Rob Warner

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.

This short ebook is an invaluable guide to defending  yourself against the


police with SILENCE. Including advice and tips on:
• How to maintain silence under police questioning
• How the police gather intelligence from what you say
• Why you should be cautious of what you say as a victim or witness
• Your right to decline a police interview after arrest
• How to maintain silence under stop and search
• How to avoid adverse inference
• Your rights not to self-incriminate

© All content Rob Warner (Crimebodge.com) 2015

47

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