Contents

Introduction
Legal disclaimer

1. Why You Should be Concerned About Police Data

Police data: Criminalising the innocent

2. The Who, Where and What of Police Data

Files and databases the police retain

3. 17 Things You Can Demand From The Police

Police notebooks
Radio traffic
Police CCTV
Police phone calls
Body worn video
The incident log
Crime reports
Intelligence files: The PND and the 5x5x5
The police national computer
Custody records
Physical identifiers
Emails
Referrals made to other agencies
Complaint records
Police investigation files
Search and arrest warrants
Cautions

More Help On Police Matters

Bibliography
 1

Introduction

This Ebook began as an article on the Crimebodge website in 2013

entitled ‘5 Things You Can Demand From The Police They Don’t
Want You To Have.’

Within that article we described 5 types of information the police

hold that the public have a right to request, including police
notebooks, telephone calls and radio communications traffic.

For most people this right of access to what could be considered as

guarded information came as a shock and the article quickly went
‘viral’.

Within days it became the most read article on the site. Within weeks
it had been read by more people than all the other articles on
Crimebodge combined.

When we did our own search of the internet we quickly discovered

why...

The information just wasn’t out there. No public body, no law

website, no government agency, nobody had ever made it clear to
the British public that they had a right to obtain almost ANY
document that the police may hold on them. And those few sites
that did mention it - buried among subject access rights and
freedom of information - never detailed the different hoards of
paper files and databases the police compile on a daily basis.

From the 5 things we initially described, we can now reveal 17 types

of data you have a right to access. In later Ebooks in this series we
describe the different legal processes that can be used to mine this
data as well as explaining how it is compiled, where it is stored and
how to challenge it. Whether it be an unfair harassment warning, an
 2

employer’s criminal record check, a malicious allegation, a police

officer’s comment, a witness statement or a malicious referral.

We guarantee you that much of the information you read here you
will not find online. The police most certainly don’t want you to
know it, solicitors regard it as some kind of trade secret and those
government agencies whose job it is to assist the public in
accessing their data are as ineffective as they are indifferent.

We have spent several years researching this subject. This Ebook

series is the product of that as well as the thousands of e-mails we
have answered, advising others how to access (and challenge) police
data.

At Crimebodge we pride ourselves in providing information and

resources that explore the rarely trodden pathway between the law
as it should be and the law how it IS.

In our broad experience, what the police SHOULD do and what they
ACTUALLY do are two very separate things. They seem always ready
and willing to flex and bend the rule of law to suit themselves. All
too often - as is the case of finding out what files they keep on you -
they hope that the public will just give up and go away.

We urge you to do the opposite.

Rob Warner
Crimebodge.com
 3

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.

© 2015 Rob Warner

 4

1
Why You Should be
Concerned About Police Data

We live in a communication age. Our government has greater access

to information on its citizens than at any other time in history. Data
transfer is quicker and easier than it’s ever been. Data storage
devices are vast and cheap. And social networking has given each
and every one of us the potential to live our lives in public.

Never before has it been so easy for the government to monitor,

profile and investigate members of the public. And as far as the
police are concerned, never has there been an easier time to
prosecute.

It’s a common misconception that the police only process

information on those who have committed or are suspected of
committing crime.The reality is however that there are almost no
limits to the types of people or categories of data that the police
gather information on. They will collect and retain information on
almost ANYONE they come into contact with.

Sadly, almost all of us at some point in our lives may find our name
and personal details buried somewhere within a police database,
scribbled into notebooks or mentioned over the airwaves.

Much of this data may be considered irrelevant and harmless. But

too much of it can be used at a later date to the detriment of the
person named. Very little of the information that the police process
is ever checked for factual accuracy and all too often it is used
negligently; passed onto potential employers, outside agencies and
 5

other third parties - who - just like the police, will use it to build up
an unfair picture of you.

Police data: Criminalising the innocent

Without your knowledge your police file could be working against

you, right at this very moment...

If you need to undergo an Enhanced Criminal Record Check by a

potential or existing employer, the police could pass on unfounded
allegations from their records that could damage your chances of
employment.

If you have had issues with a partner that involved the police being
called, and you have children, then a record of the visit could have
been passed to child services. This could contain an unfair appraisal
of your ability as a parent, which may trigger future visits from
social services.

If you have been questioned by the police as a suspect or victim, you

may have said something that the police regard as ‘intel’ or wrongly
assumed as an indication of guilt. Either way, notes could be
entered onto police files that potentially criminalise you without you
ever having been on trial. These notes will almost certainly be read
by other police officers, or passed onto third parties and could be
used to your disadvantage.

These aren’t paranoid delusions or conspiracy theories, these are

facts of life.
 6

Not only is EVERYONE the potential subject of a police file, very few
ever realise that the police may hold potentially damaging
information on them.

If you have had any dealings whatsoever with the police in the past 6
years then it would be to your benefit to find out what information
they are processing in your name.

This Ebook explores how to do just that...

 7

2
The Who, Where and What of
Police Data

The police are one of the few organisations in Britain who have
almost no limitations on the type of information they can collect and
share. However, no matter what they gather, every police force in
Britain must register each category of data with the Information
Commissioners Office (ICO) - the government office tasked with
ensuring that public authorities and private companies comply with
data protection laws.

Below is a typical list of data that an average police force in Britain is

registered to process.

• Personal details such as name, address and biographical details

• Family details
• Lifestyle and social circumstances
• Education and training details
• Employment details
• Financial status
• Racial or ethnic origin
• Political opinions
• Religion and beliefs
• Trade union membership
• Physical or mental health condition
• Sex life
• Offences (including alleged offences)
• Criminal proceedings, outcomes and sentences
• Licenses or permits held
• Complaint, incident and accident details
• Physical identifiers including facial images, voice recordings, dna,
fingerprints and other genetic or biometric samples
• Intelligence material
• Sound recordings, visual images, photos and CCTV
 8

You can find out what personal information your own local police force
is allowed to process by checking the register on the ICO website
here:-

https://ico.org.uk/about-the-ico/what-we-do/register-of-data-
controllers/

Files and databases the police retain

Police data is held within a wide number of systems, few of which

are accessible from one central location.

Some information - such as police notebooks and statements - are

stored in handwritten form in archive rooms and basements. CCTV,
police radio and telephone recordings are stored electronically on a
separate communications systems that can only be accessed by key
personnel.

The bulk of police data however is held within four main computer
databases that each force maintains. These databases comprise of:

The Police National Computer (A national database)

The Incident System (A local database)
The Intelligence System (A local database)
Crime Reporting Information System (CRIS) (A local database)

As well as these the police maintain a collection of lesser databases,

hard-drives, filing systems and logs, that cover almost everything
the police say, do or write in the execution of their duties.

We deal with ALL of these data retention systems in the following

chapter as well as exploring all the different types of data that is
likely to be found upon them.
 9

For now, it’s important to understand that the Police National

Computer is the only database that can be automatically accessed
by every police force in the UK.

Incident logs and intelligence data are maintained at a local level.

This means that if your local police force has been entering notes
about you on their system, or allegations have been made against
you then these cannot be viewed by other police forces. Such
information can be REQUESTED by other forces but in general the
data is not shared unless deemed necessary. This means that when
trying to find out what documents the police have on you, you must
focus specifically on your local force (or at least on the force where
you are certain to have had any dealings with in the past).
 10

3
17 Things You Can Demand
From The Police
(They Don t Want You To Have)

Knowing the type of data that the police hold is crucial to making a
successful request to view it.. So here now are the 17 most
important types of personal data stored by the police that you have
a right to access...

1. Police notebooks

The police notebook/report book is the small pocketbook used by

all police officers to maintain details of every incident they attend.
The purpose of the book - according to the police - is twofold:

Firstly, to form a written record of all incidents to which the police

have been called (including any action taken). Secondly, to refresh
an officer’s memory if required to give evidence in court.

If the police have made an entry in their notebook that refers to you
- your address, name, vehicle, contact phone number etc. - then
you’re entitled to see what they’ve written.

Police notebooks are NOT the personal property of individual

officers. When the end of a notebook is reached it is handed back to
the force that issued it and stored within an archive. Usually these
notebooks are retained for up to 10 years, sometimes indefinitely.
 11

Obtaining a copy of entries in a policeman’s notebook could be vital

if you’re thinking of making an official complaint against the police
or if you believe that a false account has been entered into one.

It is police policy that all records of occurrences entered into a

notebook must be comprehensive, accurate, credible, and made at
the time - or as soon as practicable - after the incident occurs. This
includes detailed rules on how the police should correct mistakes.

For instance here are some of the strict guidelines that officers must
abide by when using their notebooks:1

No erasures: The police must not erase entries in their

report book by any means, including Tippex, rubbing out
or scribbling out. If an officer realises that he has written
the wrong words then he can cross them out, but only so
that the original crossed out words can be read. This
correction must then be initialed.

No leaves torn out: Under no circumstances must an

officer remove, tear out or alter leaves of any report book.
It must remain intact exactly as it was manufactured.

No blank spaces: The police must never write up an

account and leave a huge blank space, whereby they can
add a little more ‘detail’ later. This includes blank spaces
between words, lines or at the end of lines.

No overwriting: Overwriting to alter or correct any word,

letter or number is forbidden.
 12

No writing between lines: A police officer must never

write between lines of writing. There should be only one
line of writing on each line of a report book page.

Record all conversation in direct speech: If an officer

recounts a conversation then he must write it up as he
remembers it being said. He mustn’t ‘censor’ the speech,
correct it, put it in his own words or modify it.

If you have reason to believe a police officer has breached any of these
guidelines relating to notebook entries then you can make an official
complaint against him for misconduct.

To make a complaint about any police officer you can telephone or e-

mail the Professional Standards Department (PSD) of the force
concerned. A full list of e-mail addresses and contact phone numbers
are available from our website here:

http://crimebodge.com/police-complaints-made-easy/

It’s fair to say that the police do not like to give up their notebooks
readily for public scrutiny and will often go to great lengths to hide
as much as they can. This usually means placing slips of paper over
the sensitive entires before they are photocopied.

In official parlance this is known as redacting.

But don’t panic as this is perfectly lawful and applies to all data that
is not the ‘focus’ of the person requesting it. One page of an
officer’s notebook may contain personal data about many different
people, and by law the police must not reveal that information to
anyone else.
 13

Remember, under subject access you can only request information

that relates to yourself, not others.

However, if you have good cause to believe that the police have
unfairly redacted information, then you can make an appeal to have
it revealed.

2. Radio traffic

Do you want to find out what was said by the incident room
controller that prompted the police to arrive at your location? Or
maybe find out what the police said surreptitiously into their radios
while they were turned away from you?

Well, as all radio traffic is digitally recorded and stored by the police,
you can ask for a copy of it.

The British police and the emergency services currently use a secure
digital trunk radio communications system called Airwave. This
uses a technology called Tetra (Terrestrial Trunked Radio) which
is half mobile phone, half walkie-talkie (An outmoded technology
that is due to be replaced in 2016).

All communications traffic (including mobile phone calls that can

also be made via the same radio) are automatically recorded and
digitally stored on a secure server at each police control room.
These recordings are retained by the police for up to 5 years.

As personal data is commonly shared and stored via this network,

this means it is accessible under the subject access requirements
of the Data Protection Act.
 14

Therefore if the police mention yourself or your address or any

other verifiable data associated with your identity into their radios,
you have a right to obtain a copy of the recording. This includes any
text messages that mention you, which can also be sent using
police radio.

The police should submit a crystal clear recording on a CD when

fulfilling a request for radio traffic. However, if it sounds tinny, or
muffled, then it has probably been re-recorded directly from the
console speakers and the sensitive information dubbed out.

If you believe the radio traffic you asked for has been edited then
demand the data exactly as it is stored, in it’s rawest digital form, as
you are entitled to under provisions set out in the Data Protection
Act.

Again, just as with notebooks the police must follow strict

guidelines when using their radio handsets. For instance, they are
not allowed to use their radios in petrol stations or hospitals. They
are not to use the mobile phone function of their handsets to make
personal phone calls. Nor are they allowed to switch off their radios
to avoid duties or call outs. 2
 

3. Police CCTV

From the moment you arrive at a police station, until the moment
you leave you are being recorded. EVERYWHERE.

From the car park to the front desk, inside the cells and the
interview room. Even the interior of some police vehicles.
 15

If you ask for the footage of your visit, the police have to hand over
every last uninterrupted second of it by way of a DVD.

It doesn’t matter if you were a suspect, victim or just a casual

enquirer visiting the police station. If you were captured by CCTV it
is your right to see the data contained within it.

The majority of police station systems record CCTV data 24 hours a

day without interruption directly to a hard drive. The data cannot be
deleted or tampered with and is only accessible by a few nominated
individuals (such as the custody officer and police video librarian)
via a username and password.3

The CCTV hard drives also have a facility to allow downloading of

data to CD or DVD. However the police are obliged to mask the faces
of anyone other than the requestor who may appear in the video
footage.

Although you do not have to give a reason as to why you require the
CCTV footage, it may be better to give some explanation so as to
prevent the police from rejecting your request as a ‘fishing
expedition’. In our experience the best reason to give is that you
need the tapes to make an official complaint about members of
staff.

You must also specify a time and date that a CCTV operator is likely
to locate your image on the tapes.

However, you don’t just have to request the time you were at the
police station or in custody. You can request the 20 minutes or so
leading up to and after your visit if you have good cause to believe
you were mentioned within earshot of the CCTV. Because idle gossip
can also be classified as ‘personal data’ and must be surrendered
 16

upon request. Handy for catching out spiteful remarks that may
have been made at your expense by catty police officers.

However, be sure to make your request within 30 days of being

captured by CCTV, because due to the volume of data stored, the
hard drive self erases on a 30 day cycle.

If you think that you may be unable to make your official request
within this 30 day period, then contact the police as soon as you can
and tell them the time and date of the CCTV footage you are
interested in. The police must retain this data as a precautionary
measure to ensure that ‘evidence’ is not destroyed in advance of a
valid request.

4. Police phone calls

Although it’s common knowledge that all emergency 999 calls are
recorded, you may not know that almost every telephone call made
to or from a police station is recorded. This is because the same
Airwave system used for police radio communications is also used
for their telephone network. In principal the only phone
conversations that aren’t recorded are those made from a police
officer’s own personal mobile or from an outside line.

Police officers can also make and receive phone calls while they are
out on duty. This is because the Airwaves system can be redirected
from the control center to an officers radio.

Police officers can in turn call members of the public using their on-
body radios, but they are discouraged from doing so due to the
exorbitant costs and the priority of keeping their radios clear for
emergency traffic.
 17

However, the standard issue desktop telephones back at police HQ

are rigged up to the same Airwave system, and these are
automatically recorded as soon as the handset is lifted.

The police also keep written logs of every call they make or receive.
Which means that where you may not know a telephone call was
made, by requesting a copy of a police officer’s telephone log and
identifying your number you can easily establish which phone
recordings you should be asking for.

Just as with radio traffic a copy of the recordings should be

submitted to you on CD with a time and date stamped digital
signature. Again, as with all other personal data requests you make,
if the telephone conversation mentions the personal details of
another this information can be dubbed out.

Not all police forces record every call, so it may be worth checking
with your local force in advance of a subject access request to find
out if they do.

If they won’t tell you this upon request then you can weed out the
information with a simple Freedom of Information Request (FOI)
which we explain in detail in the second Ebook in this series
(Accessing Your Police Data).

5. Body worn video

Body Worn Video (BWV) is an on-person video camera that has only
recently been introduced into the police service and is therefore
only used by a few limited forces on a trial basis (such as Hampshire
and some parts of the Met).
 18

BWV consists of a compact video camera with a storage device that

is clipped to police utility vests, monitoring activity. The data is then
transferred to secure hard drives at the local police station for 31
days. However any evidential footage captured on these devices can
be retained indefinitely.

The Home Office states that these cameras offer greater protection
to the public, but seeing as they are pointed directly at the public
the advantage seems to lie with the police. Worst still the cameras
do not record continuously and are only switched on when an officer
decides that there would be ‘evidential value’ in doing so. However
if the camera is in use then the police officer wearing it must inform
those present that they are being recorded.

According to the Metropolitan Police BVW is most likely to be used

in the following scenarios 4:-

• Stop and search incidents

• Domestic violence and use of force
• Vehicle stops
• Arrest enquiries
• Premises searches
• Stop & account
• Safety risks to user/others

If you are captured on one of these devices then you have a right to
obtain a copy of the video that is stored.

The same request and retention procedures apply to BWV as it does

to other police cameras as specified under Police CCTV (See above).
 19

6. The incident log

The incident log is a computer database maintained at local level by

every police force in Britain using the National Standard for
Incident Recording (NSIR) protocol.

Entries can be made on this database by officers and police staff. As

well as emergency calls and reported incidents, it is also used to
keep a record of internal police matters or in fact any matter that is
brought to police attention.

When a call is made to the police on either the 999 emergency

number or the 101 non-emergency number, an entry is made in the
incident log giving details of the call. This could be a report of a
crime taking place, an allegation made, or somebody just asking for
advice.

Even if you withhold your number before making the call, the phone
number you are dialing from will appear on the police
communication system. This number will be stored alongside a
name and address of the caller (if they are given) and a unique
incident number will be generated . That number usually comprises
of the date followed by a 3 or 4 digit number.

If further communication or enquiries are made concerning the

incident fresh entries will be made onto the log against the same
number. The log is usually closed when the incident has been
concluded or is carried forward as a crime report or road accident
report (or one of several other type of reports depending on the
incident).

The incident log comprises of multiple categories and qualifiers5

which also help the police and call handlers decide which requests
should be handled as priority, which should be forwarded on as
 20

intelligence or which should be dealt with under general

administrative duties.

As a result incident logs can contain detailed accounts of multiple

calls and police officer comments. Some of the entries may consist
of nothing more than a line or two. Some of them may span several
pages. But nearly all of them contain a one sided version of the
incident as interpreted by the police.

Officers can be extremely blithe when updating these logs, wrongly

thinking that no member of the public will see them and as a result
some of the entries bare little resemblance to the true nature of the
incident; consisting of gossip, hearsay and needless criticism. These
comments may in turn be read by other officers, influencing them to
pursue a particular line of enquiry or make biased judgements.

Obtaining a full copy of the incident log under subject access is

vital when you are making a complaint, or conducting your own
investigation or pursuing any kind of action against the police.

To make your request all you need is the incident log number or a
clear indication of when the event took place.

Again, as with all documents in this section, the copies you receive
are likely to be redacted where mention is made of others.

As incident logs are often the precursor to a criminal prosecution

you may find that if an investigation is still ongoing or court
proceedings are being brought, the copies you request can be
heavily redacted or in some cases denied. This is because section 30
of the Data Protection Act allows certain authorities - specifically
the police - to remove any data that may be used in the prevention
or detection of a crime.
 21

Unfortunately, the police often abuse this exemption as a way of

avoiding handing over documents they’d rather you don’t see.

7. Crime Reports

Crime reports follow on from incident logs and are stored on a

separate police database (also maintained at local level) known as
the Crime Reporting Information System (CRIS). They are created
once the police decide a recordable offense has been committed.

Each time an entry is made a unique crime number is generated,

which is passed directly to the victim and is used as a reference for
updates. All forces use the National Crime Recording Standard
(NCRS) to record crime which includes the following details:-

• Name
• Time, day, date of incident
• Time, day, date of recording
• How the crime was reported
• Who reported the crime and the method
• Location
• Modus Operandi (The methods used to commit the crime)

Under guidelines set out by the Home Office, the police are
obligated to record an incident as a crime if the victim believes that
a crime has occurred and on the balance of probabilities there is no
credible reason to doubt it.

Crime reports remain open while police investigate, collect evidence

and identify a suspect. They are also used to log results of forensic
tests, court results and outcomes. Crime records should only be
closed once the crime has been solved (detected) or otherwise
dispensed with (no crime).
 22

However, it’s all too common for the police to avoid recording many
reported offences as crimes, or to act in haste in by closing a
recorded crime without performing any meaningful enquiries.

If you wish to find out what enquiries or conclusions led the police
to close a specific crime report that you were the subject of, you
have a right to obtain a copy of this data.

Crime reports are held for approximately 7 years depending on the

nature of the offence.

As with the incident log, if the crime record is still open you may
find the police refusing to disclose any information that could
prejudice their investigation. In this instance, the data may only be
accessible via the process of disclosure or via a court order. See
the second Ebook in this series for more information (Accessing
Your Police Data).

8. Intelligence files: The PND and the 5x5x5

Intelligence is the third major database that individual forces

maintain and consists of information gathered by police officers and
police staff about anyone suspected of having involvement with
crime, individuals that may be at risk or snippets of useful
information volunteered by the public or gathered from anonymous
calls.

Almost every member of police staff have unrestricted access to the

intelligence database including Police Specials, PCSOs and civilian
staff. Although intel is maintained at local level by individual forces,
the reports are routinely shared with forces nationally. This system
 23

is referred to as the Police National Database (PND) but is also

referred to - cryptically - as the 5x5x5.

Intelligence is not gathered solely on people the police believe may

be involved with crime, activism or terrorism. The police will collect
information on ANYONE they deem relevant. Therefore these
databases contain millions of intelligence reports, routinely
gathered, including sensitive personal details of people who have
never been arrested, charged or convicted of any crime, such as the
following:

• Protesters who have attended demonstrations

• Unconvicted "persons of interest"
• Associates of criminals
• Lists of phone numbers stored on a suspects phone
• Allegations of crimes
• Possible victims of sexual or domestic abuse

If a member of the public should choose to make an anonymous

allegation about someone, or the police themselves wish to enter
rumour, opinion or suspicion about a witness, victim or suspect,
they may do so on the intelligence system with little regard for the
relevancy or accuracy of the entry.

For instance, while on duty a police community support officer may

stop to have a chat with a local shopkeeper. That shopkeeper may
make some idle gossip and mention the name of a youth that is
known to police that he has seen hanging around. He doesn’t have
to mention that he has seen the youth engaging in any criminal
activity. He could just mention the names of new friends that he has
seen that person with. Almost certainly, as soon as the PCSO returns
to base, those names will be entered onto the intelligence database.
Alongside the name of the shopkeeper who passed on the
information.
 24

This data is then stored for a minimum of six years in accordance

with police data retention policy that varies from force to force.

All of this seems to run contrary to the laws of data protection -

which prohibit authorities from processing unsubstantiated and
irrelevant information - but unfortunately the police, alongside
many other public authorities, have a get-out clause of ‘protected
privilege’. This effectively means that if the information is collected
and shared in good faith - regardless of it’s accuracy or honesty -
the data controller cannot be sued for defamation.

However, if it can be proven that the information is malicious in

intent or that the officer who entered the information knew it to be
untrue, the defence of ‘protected privilege’ is lost and the police can
be sued.

Intelligence files are at often at their most damaging for those who
have to obtain enhanced criminal record checks as a condition of
employment.

Space allocated on the disclosure form gives a senior officer the

opportunity to add any "other relevant information" that they
believe an employer should know. Much of this can be drawn from
unsubstantiated remarks on intelligence files, and many individuals
have found their job prospects ruined by what is nothing more than
spiteful rumour.

However, recent rulings in both the Supreme Court and the

European Court of Human Rights have declared that entering
unnecessary detail on enhanced criminal record certificates is
incompatible with the individuals right to a private life under Article
8 of the European Convention of Human Rights (ECHR).
 25

We deal with obtaining and challenging Criminal Records in the

third and final book in this series (Challenging Your Police Data).

Finding out what information the police hold on you in their

intelligence files can often be difficult, as the police routinely refuse
to disclose the data by citing protected privilege and Data Protection
exemptions.

However, persistence is key to obtaining any data that the police

may be processing in your name and if at your first request they
refuse to reveal what information - if any - they hold on intelligence
files, there are many avenues of governing bodies, judicial review,
civil claims, data protection rights and human rights issues that can
be pursued, which we deal with in Ebook 3 (Challenging Your
Police Data).

9. The police national computer

The Police National Computer (PNC) is the primary computer

database shared by every police force in the UK. It is maintained by
the National Policing Improvement Agency (NPIA).

Anyone who has been subject to a conviction, caution, reprimand,

warning or arrest will have a record placed on the Police National
Computer.

The following are some of the details stored on the PNC 6:-

• Personal descriptions
• Arrests
• Bail conditions
• Convictions
• Custodial history
• Wanted or missing reports
• Warning markers
 26

• Pending prosecutions
• Disqualified driver records
• Cautions
• Drink drive related offences
• Reprimands
• Formal warnings
• Police Information Notices (PINs) / harassment warnings
• Fireram markers

The PNC also links to the Driver and Vehicle Licensing Agency
(DVLA) database. This contains details of over 50 million vehicles
which includes a list of all vehicles registered, stolen and vehicles of
interest to the police.

The current policy is to retain all records on the PNC until the
subject reaches 100 years of age. However details are never deleted
from the PNC, merely ‘stepped down’, which means that only
restrictive disclosure of certain information contained within it can
be permitted. This same policy is applied to all offenses that fall
within the Rehabilitation of Offenders Act 1974.

Because criminal record checks are so common and such an

essential part of some job applications and licensing applications,
we deal with it separately in our Ebook (Challenging Your Police
Data).

At the time of writing, the ACPO Criminal Records Office (ACRO)

provides Subject Access disclosures from the Police National Computer
(PNC) on behalf of most police forces in England and Wales, Northern
Ireland, Jersey, the Isle of Man and the British Transport Police.

If you wish to obtain a copy of your criminal record you can do so by

writing to ACRO directly or by simply applying for your record as part
of a standard £10 subject access request.
You can contact ACRO on 01489 569 800 or e-mail them at:

customer.services@acro.pnn.police.uk
 27

10. Custody Records

If you were arrested and detained at a police station for any length
of time, then a detention record or custody record will have been
created. This record will be a detailed account of your stay from
arrival to release. Even if the custody officer decides you will not be
detained a record must be created.

It is the custody officer’s job to ensure this record is constantly

updated with any pertinent details throughout your stay as well as
to perform all necessary risk assessments. You must be treated with
dignity and in respect of your human rights as well as your
individual needs. Any force used against you must be proportional
and lawful. If you are locked into a cell then regular checks must be
made to ensure that you are safe and these checks must be entered
on the custody record.

Any phone call that you make must also be entered onto this record
as well as any visits that you receive from a solicitor, any food that
you are given, complaints or requests that you make, or any contact
made from a third party concerning your welfare.

The following is a list of some of the information that MUST be

recorded onto the custody record throughout your stay 7:

• Grounds for arrest.

• Grounds for authorising detention
• Search (level of search and persons present)
• Items withheld from, or kept by, the detainee following search
• Replacement clothing supplied to the detainee
• Risks identified and control and/or support measures
• Medical questionnaire
• Time placed in cell, cell number, cell searched
• That the cell call buzzer system has been checked to ensure it is fully
operational.
• The reasons for a juvenile being placed in a particular cell
• Medical treatment and care plan
 28

• Use of any force and/or restraints that have been used and the
justification

While in custody you must be monitored and cared for. If you are
unwell or need medicine then a doctor or nurse must be contacted.

Your cell must be clean, warm and lit. You must have use of a toilet
and be allowed to wash.

You must be offered food and drink 3 times a day. You are also
entitled to drinks between meals.

Most importantly of all, you have a right to legal representation, a

right to have someone informed of your whereabouts and a right to
see the Police Code of Practice.

If something happens that you want entered onto the record while
you are in custody, then you have every right to demand that an
entry be made. If the police refuse, then you can request that their
REFUSAL be entered onto the record.

Once you are released from police custody you can ask for a print-
out of your custody record on the spot, and the police must oblige,
or at least provide you with the records as soon as possible.

However, at any point after your release you can request a copy of
your custody record, without having to give any reason, nor are the
police entitled to make any redactions within this document.
 29

11. Physical identifiers

Physical identifiers are samples taken of an individual’s physical

characteristics that are then retained by the police; such as facial
images, voice recordings, DNA profiles, photographs, cellular
samples, fingerprints and other genetic or biometric samples.

Under the Protection of Freedoms Act 2012 the police must

destroy any physical identifiers collected from a suspect that is not
convicted of an offense.

Prior to this Act the police were able to retain ALL fingerprint and
DNA samples they collected indefinitely. But now they must abide by
published timetables which tells the police exactly how long they
may retain physical identifiers.

If you are uncertain if the police have any physical identifiers

relating to yourself then you can request this data as part of a valid
subject access request. The police must supply you with a copy of
your fingerprint record or DNA record as it exists on any database
system (Such as the National DNA Database and the IDENT1
fingerprint database).

If you subsequently discover that the police are wrongly holding

such data then you can demand that the samples are destroyed.

12. Emails

Every police officer is given their own unique e-mail address for
sending and receiving messages on behalf of their force. These
mailboxes are used to communicate between internal departments,
outside agencies and members of the public.
 30

If the police have used e-mail to communicate with you or about

you, then in most cases you are entitled to obtain a copy of this
correspondence.

Before requesting e-mails it’s very important to know which dates

you believe messages have been sent and from which officer’s e-
mail account.

Searching an entire e-mail server for any mention of your name or

personal details would be very time consuming and labour
intensive, and the police will commonly refuse all untargeted e-mail
data requests on these grounds.

If you know the e-mail address of the person or organisation that

you believe the police have contacted regarding yourself, then
specify it. If you are fairly certain of dates the e-mails were sent, or
of the officer’s name or e-mail address that they were sent from,
then mention that too.

The more that you can demonstrate specific e-mails exist the more
likely your request for that information will be fulfilled.

13. Referrals made to other agencies

The police often share their information and resources with many
outside agencies, including the following:-

• Other police forces

• Regulatory bodies: such as the Office of Fair Trading
• The courts
• Customs and excise
• Local and central government
• The Inland Revenue
 31

• UK Border Agency
• Victim support
• Education authority
• Social services
• The NHS
• Credit reference agencies
• Trade and employer associations
• Crown Prosecution Service
• Interpol
• The Home Office
• Department of Work and Pensions

It is not uncommon for people who have been the subject of

allegations to have their details referred to one or more of these
outside agencies, even when the incident resulted in no arrest or
prosecution.

More often than not, the subject of the referral will be totally
unaware that such information has been passed on. With social
services for instance only 50% of all referrals are ever investigated.
But the more referrals that are made against an individual, the more
likely the authority will act upon them, regardless of the authenticity
of the allegations.

You have a right to ask the police if they have made any referrals
about you to an outside agency and receive a copy of any that have
been made.

As an extra precaution you can also apply to the same agency that
the police referred to and request the same document, to ensure
that no unnecessary information has been redacted.
 32

14. Complaint Records

If you have made a complaint about the police then you have a right
to obtain not only a copy of your complaint and the police’s
subsequent response, but also any evidential material that they may
have gathered whilst investigating your complaint: Such as
statements taken, notes made, e-mails shared, phone calls etc.

The complaints department of each police force is known as the

Professional Standards Department (PSD) and they should retain
a full record of any complaint you have made, as well as the findings
of any investigation or resolution that was undertaken as a result.

Again, as with everything else listed in this chapter you must try to
be as specific as possible about what it is you require from the
Professional Standards Department when making your subject
access request.

However, as the PSD may have already pooled much of the data
available on you during their investigation, simply writing ‘please
supply me with all personal data that the Professional Standards
Department currently hold on me.’ is a valid and complete subject
access request and may yield a surprising amount of data.

15. Police Investigation Files

If you have been the subject of a police investigation as suspect or

victim, the police will most likely have gathered evidence, reports
and witness statements as part of their prosecution file.

You have a right to access certain documents that the police have
obtained during a criminal investigation if they refer to you. This is
 33

especially important if you choose to bring civil proceedings against

someone the police failed to prosecute, or you are defending
yourself against a civil claim that may involve linked proceedings
from a criminal court.

Information held within evidence files could contain witness

statements, itemized phone bills, invoices, bank statements,
personal e-mails, letters, voice and video recordings, print outs
from social media sites and so on. Even the entire contents of your
mobile phone, copied onto a USB stick and held indefinitely could
form part of an evidential file.

Although many of the evidential documents gathered by the police

could be requested under subject access, there are certain statutory
laws in place that can prevent you from finding out exactly what the
police have on these files.

If the evidence forms part of an investigation that is still on-going,

or proceedings have not been concluded in court then the police
have a right to deny you access to any information relating to it,
even if it was you who surrendered the information.

However, if you are the defendant in a criminal prosecution then you

have a right to obtain any evidence that the police intend to submit
to the court. This is called disclosure and is a mandatory
requirement of court procedure.

In fact, disclosure is the best method for obtaining almost any

document that the police hold as it is not subject to the rules of the
Data Protection Act, and in most cases, the information cannot be
redacted or refused.

The downside however is that disclosure can only occur as part of a

criminal or civil court trial, and even then you may require a court
 34

order from a judge before the police will hand over their evidence
files.

This is usually because not all of the documents are the property of
the police. Some of them may belong to the Crown Prosecution
Service (CPS) who’s job it is to bring evidence to court; some may
be witness statements which cannot be released without the
consent of the witnesses themselves.

However, if you have a genuine cause for these documents, such as

the intention to use them as evidence in a civil trial, then the police
must consider your request on it’s merits and make a decision on
whether or not to submit the documents to you without an order of
the court.

Unfortunately, obtaining a court order for disclosure goes beyond

the scope of this document, but you can find more information on
the Crown Prosecution Website at the following link:

http://www.cps.gov.uk/legal/d_to_g/disclosure_of_third_parties/
 35

16. Search and arrest warrants

If you have reason to believe that the police have lawfully (or
unlawfully) obtained or executed a warrant at your address then you
are entitled to see a copy of it. You also have a further right to
obtain a copy of the information that the police submitted to the
court to have the warrant issued.

For the police to obtain a warrant, they must first make an

application to a Justice of the Peace (JoP) at a local magistrates’
court. There are many different types of warrant that grant different
powers of search and seizure and both the JoP and the Police must
ensure that the correct warrant is applied for and the correct
procedures are used to enforce it.. Failure to do so could mean that
any evidence obtained during the execution of an invalid warrant
could be struck out of court as inadmissible.

Warrants typically expire 30 days after issue (unless the warrant

states otherwise). Each warrant must be returned to the court after it
has been executed or when it expires. These warrants are then
retained for 12 months. During this time the occupier of the
premises to which it relates may apply to see it, and must be
allowed to do so.

If the police refuse to submit the information that gave them

grounds for applying for a warrant, you can make a separate subject
access request to the Magistrates' court that issued the warrant and
ask for a copy of the Search Warrant Application. This document is
different from the search warrant itself inasmuch as it reveals
precisely the information that the police gave to the JoP to have the
warrant issued.
 36

This is useful for finding out if the police have submitted any untrue
or misleading information, or to ensure that the police acted within
the powers of search and seizure they were granted.

Sometimes, the court may reject a request for the search warrant
application on the grounds that it could prejudice an ongoing
investigation. In which case, you should play the trump card of
section 35 disclosure, which we explain in our Ebook (Accessing
Your Police Data)

17. Cautions
Cautions (also known as out-of-court disposals) are formal police
warnings given to people who have committed relatively minor
offences and are willing to admit to it. Cautions are given (and
accepted) on the understanding that no court proceedings will be
brought as a result.

Although not classed as a conviction a caution can be used as

evidence of bad character if you go to court for another crime. They
are also shown on standard and enhanced DBS checks.

Unfortunately the police are all too keen to offer cautions - without
ever consulting victims - as it is a swift and effective way of closing
a crime as ‘detected’ without having to undergo any further
investigation. For this reason they commonly deploy underhanded
methods to trick suspects into signing for cautions without them
ever really knowing what it is they have signed for. They achieve this
usually by misinforming the suspect of the legal implications behind
a caution. Or occasionally by sliding the paperwork over to the
suspect and insisting that it need to be signed as part of a formality
of release.
 37

Fortunately the government is planning to scrap the use of police

cautions along with cannabis warnings, community resolutions,
penalty notices for disorder, simple cautions and conditional
cautions.

For now, if you believe that you have been given a caution which you
did not agree to, then you can appeal against it by writing to the
police complaints department of the police force which issued it.

Before making your complaint you should ask that a copy of a

caution be forwarded to you, or apply for it under a subject access
request.
 38

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
 39

• 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

Uncovering Your Hidden Police Data

by Rob Warner

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 knowing such data exists. "Uncovering Your Hidden
Police Data" tells you how to dig out the information the police may
be 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.

• How to make a full subject access request for all of your personal
information from the Police
• Subject Access letter template
• The e-mail addresses of every police subject access and FOI
department in the UK
• How to use Freedom of Information to get the police to answer
your questions
• Everything you need to know on making criminal record checks
• How to prevent an employer from obtaining information you don't
want them to see
• Legal ways of having detrimental police information destroyed
 40

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
 41

Bibliography
1 Report Book Rules Version 5 Summary Student Lesson Note
Branch/OCU HR3(7)

2 Airwave Radio Operational Users Procedure

3 CCTV WITHIN CUSTODY AND POLICE PREMISES PROCEDURE

4 Met Briefing Note: Body Worn Video (BWV)

5 A full list of categories and qualifiers for the incident log can be
found within THE NATIONAL STANDARD FOR INCIDENT RECORDING
- NPIA

6 Home Office Code of Practice Police National Computer (PNC)

7 Guidance on the Safer Detention and Handling of Persons In Police

Custody Second Edition 2012 - NPIA

© All content Rob Warner (Crimebodge.com) 2015