calm, almost too calm

Wed, 23 Apr 2008

Letter of claim sent

Last year, after the final decision of the Independent Police Complaint Commission not to uphold my appeal I consulted a solicitor for advice as to whether I should pursue a civil claim. Last month my solicitor sent a letter of claim to the Metropolitan Police Directorate of Legal Services.

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Sat, 15 Sep 2007

Innocents are exceptional

The Police have eventually considered my case exceptional and have destroyed my bio-information and deleted the associated database records (more details, in context, at the two links).

Here's a flow chart from Appendix 2 of the Management of Police Information (MoPI) Guidance - Step model - Retention Guidelines (also known as the Retention Guidelines for Nominal Records on the Police National Computer, incorporating the Step Down Model). It describes the procedure to decide whether a case is deemed to be exceptional:
Step model - Retention Guidelines flow chart
This document doesn't describe the process after the red circled box is reached. Hopefully there are processes to ensure that no database record or bio-information sample is missed in the destruction and deletion procedure. Last year 115 cases were considered exceptional.

Related news: on 2007-09-18, the Nuffield Council on Bioethics will be publishing its Report The Forensic Use of Bioinformation: Ethical Issues (agenda and registration). My response to the consultation and other background info can be found in Should the Police keep your DNA forever?. Last week, Lord Justice Sedley's said it would be fairer to expand the National DNA database to cover the whole population and all those who visited the UK, even for a weekend. Justified? Proportionate?

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Sun, 17 Jun 2007

Copy of Stop and search form 5090 eventually given to me

Code of Practice A of the Police and Criminal Evidence (PACE) Act 1984 states:
4.    Recording requirements

4.1 An officer who has carried out a search in the exercise of any power to which this Code applies, must make a record of it at the time, unless there are exceptional circumstances which would make this wholly impracticable (e.g.in situations involving public disorder or when the officer’s presence is urgently required elsewhere). If a record is not made at the time, the officer must do so as soon as practicable afterwards. There may be situations in which it is not practicable to obtain the information necessary to complete a record, but the officer should make every reasonable effort to do so. [See Note 21.]

4.2 A copy of a record made at the time must be given immediately [my emphasis] to the person who has been searched. The officer must ask for the name, address and date of birth of the person searched, but there is no obligation on a person to provide these details and no power of detention if the person is unwilling to do so.
A form 5090 was completed during my stop and search back on 2005-07-28, but a copy was never given to me until a few days ago

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Mon, 07 May 2007

I fought the law by Dan Kieran

I fought the law Dan Kieran's book I fought the law is available at a bookshop near you - in the humour section. The choice of section likely comes from Dan's approach:

My approach has always been to do funny books about serious issues because I think you can reach more people by being entertaining as well as informing.

I fought the law ended up being a very different book from the one Dan initially intended:

My original idea was to write a guide to some of the most absurd ancient legislation still on the statute book. I’d had this great idea to go round the country on a crime spree, breaking as many silly old laws as I could find: imagine if Fred Dibnah met Bonnie and Clyde.

However, in the process of researching these laws I couldn’t help noticing another glut of legislation that seemed even more ludicrous. Most of our silly laws have trickled onto the statute book over centuries, but this particular set had all come from our current government. And when you meet a man who got arrested after eating a cake with “Freedom of speech” written on it in icing, and someone else who has a criminal record for holding a banner made of fridge packing in Parliament Square that had “Freedom of speech” written on it in Biro, the idea of breaking the Adulteration of Tea Act of 1776 starts to seem a little frivolous.

Dan had already rescoped his book when I met him one evening in November 2005 at the offices of the Idler. He recorded an interview about what happend when the Police found my behaviour suspicious when going in a tube station and the subsequent stop and search, arrest, detainment, flat search, etc. This was the context for the interview:

This book is about my journey to break the strangest law in Britain. Now people will expect it to be all the odd and eccentric laws of the past but because I'm writing it in the current climate, I want to highlight how our freedom is being eroded. An interview with you to tell your story would point out that you can now be arrested for literally doing nothing.

The chapter called Britain's Ten Worst Laws which Dan wrote in conjunction with civil rights campaign group Liberty opens with this interview.

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Sun, 22 Apr 2007

More mass lone demonstrations in one day than in 18 months

Lone demonstration As mentioned previously, following the initiative of comedian Mark Thomas to demonstrate the dangerous absurdity of the Serious Organised Crime and Police Act 2005 (SOCPA), in particular of its Section 132, many had requested prior authorisation from the Police to hold lone demonstrations this past Saturday. Section 132 outlaws protests without police permission in a designated area within a 1 km straight line from the central part of Parliament Square.

According to the Home Office, ‘during the period 1 August 2005 to December 2006 1,379 demonstrations have taken place [in the SOCPA zone] with an authorisation’. The aim was to have 2,000 mass lone demonstrations. The demo-ometer on Mark Thomas' website shows that 2,294 applications to demonstrate on Saturday 2007-04-21 were handed in.

My own demonstrations was to ‘call for the police to consider other options than to arrest innocents (and keep their DNA) or to shoot them’. This is one of the issues I raised in my appeal to the outcome of the IPCC-supervised enquiry (I called the IPCC earlier in the week and apparently my appeal was to be reviewed the the IPCC legal team during the week). I demonstrated on the very same issue, a month ago.

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Wed, 21 Mar 2007

Authorised demonstration in Parliament Square

Lone demonstration With my Application for Demonstration (approved last week) in hand, after work, I went to Parliament Square to join thirty or forty other lone demonstrators - and Brian Haw. The placard was made with two printouts, a large envelope, two rulers and some tape! We may have to do many more such demonstrations for Parliament to strike down the worst sections of the Serious Organised Crime and Police Act 2005.

Radio 4 recorded some of the demonstators for a programme that will air Thursday 2007-03-29 at 18:30.

The 'reason for event', i.e., what's on the placard, is a call I made earlier in my appeal to the outcome of the IPCC-supervised enquiry.




Many thanks to El Reg for publishing Fighting torture with copyright - Moral musos work to rule.


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Sun, 04 Mar 2007

No record found

'I can find no record to confirm that Southwark Police did submit a report to the NJU about your arrest.'

Details on Innocent in London

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Sun, 11 Feb 2007

I appeal to the IPCC the outcome of the investigation

appeal received

You can read the cover letter from the Misconduct Office. I have not published any content of the investigation report itself as it is protectively marked Restricted and I have no idea if I'm allowed to do so. All the information I could find about the restrictions on protectively marked documents seem to be only about restrictions that apply to the organisation issuing the documents. If you know what condition this protective mark imposes on me, please email me.

After many readings of the report and the cover letter and much thinking, I concluded that I had no option but to appeal. I published the appeal letter I wrote to the IPCC.

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Wed, 31 Jan 2007

Interviewed for the Greek TV news programme The Files

Earlier today, I was interviewed for The Files, a Greek television programme. I got contacted out of the blue last week.
"The Files" is among the most highly esteemed news programs in Greece and has received for the past three consecutive years the award of the "Best Newsprogram in Greek Television." "The Files" presents a different outlook on all major national and international news stories with its in-depth investigative reporting and high level of journalistic integrity and it is aired by one of Greece's major satellite networks, MEGA TV.

"The Files" have had the privilege of broadcasting interviews of U.N. Secretary-General Kofi Annan, U.S. Presidents George Bush Sr. and Bill Clinton, former U.S. Secretaries of State Colin Powell and Madeleine Albright, the late Palestinian leader Yasser Arafat, current Turkish Prime Minister Recep Tayyip Erdogan, Ambassador Richard Holbrooke and chairman of Microsoft Bill Gates.
Will the next version of this list include my name :-)
Recently there has been a big debate in Greece around the issue of surveillance cameras and if they should be used for protection purposes. During the Olympic Games of 2004 many surveillance cameras had been placed in different areas of Athens that after the Olympics were not used anymore. Now the current government wants to bring them back in use. We want to do a story about the public cameras in Great Britain, how efffective they are in reducing terrorism and crime in general, and what are the ethical constrains.
The use of surveillance camera footage by the Greek Police, especially after the attack on the US embassy is currently a controversial topic in Greece. Hence this trip to London, the surveillance capital of the world, which included visiting the Trocadero CCTV control room, Scotland Yard and interviewing Henry Porter. Sophia Papaioannou, the reporter asked me to describe the arrest, its long lasting effects and then whether I consider CCTV useful.

If you have access to Mega TV, the show will be aired on Tuesday 2007-02-06.

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Tue, 23 Jan 2007

Police sends report and outcome

The Police sent a copy of the Investigation Officer's Report and its outcome.

More...

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Thu, 21 Dec 2006

Findings of Police investigation now with misconduct office

The next and last step is for the Met Department of Professional Standards' misconduct office to decide what action to take.

Details in the usual place.

Trying to find out a bit more about this misconduct office, I discovered a 156-page 'Misconduct Investigation Guide' that was published under the Freedom of Information Act, which coincidentally happens to be under some threat.

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Sun, 10 Dec 2006

IPCC confirms findings of Police investigations

The IPCC has confirmed the findings of the Police. I should now expect a copy of the report from the Police.

More...

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Wed, 22 Nov 2006

The DNA good practice manual

The Association of Chief of Police Officers (ACPO) published today the DNA Good Practice Manual, Second Edition 2005. The following table from this document reveals that success rate in retrieving DNA from various samples is different in reality from what movies would make one believe:

Evidence typesSuccess rates
Semen 90%
Blood 87%
Chewing gum 78%
Cigarette butts 75%
Fingernail clippings 69%
Comb/Razor 53%
Hair with roots 50%
Saliva 40%
Hair without visible roots15%
Cigarette lighter10%
Watch strap8%

Unfortunately this document includes other surprises such as the mention that DNA profiles in the NDNAD are not destroyed even when an profiled individual dies. I wrote more about this and some other aspects directly affecting me in a new entry on the Innocent in London page.

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Sat, 18 Nov 2006

UK Police Terrorism Arrest Statistics (Excluding N. Ireland)

Olly Kendall got some interesting data from the Police regarding some arrest statistics. Check out the article at the top of the page about the point that ‘there is no compelling evidence to increase the period for detaining terrorist suspects and further encroach on our civil liberties’. (14 days was already bad, 28 days is worse; we need to do all we can to ensure it is not further extended.)
UK Police Terrorism Arrest Statistics (Excluding N. Ireland)

2005

266 people were arrested under the Terrorism Act 2000 and Terrorism Act 2006
11 arrests under legislation other than the Terrorism Act, where the investigation was conducted as a Terrorist Investigation.
277 Total

Outcomes
8 Charged with Terrorism Act offences only
22 Charged with Terrorism Act offences and other criminal offences
32 Charged under other legislation. E.g. murder (incl conspiracies), grievous bodily harm, firearms, explosives offences, fraud, false documents, etc.
9 Handed over to Immigration Authorities
13 On Police Bail awaiting charging decisions
0 Cautioned
1 Dealt with under youth offending procedures
2 Dealt with under Mental Health legislation
0 Returned to Prison (subject to recall)
1 Transferred to PSNI custody
188 Released without charge
1 Remanded in Custody under US Extradition warrant
0 Result of Investigation awaits
277 Total

8 Terrorism Act convictions to date.
25 Convicted under other legislation. E.g. murder (incl conspiracies), grievous bodily harm, firearms, explosives offences, fraud, false documents, etc
26 Awaiting Trial

2006

143 people were arrested under the Terrorism Act 2000 and Terrorism Act 2006 - To 30/09/2006.
16 arrests under legislation other than the Terrorism Act, where the investigation was conducted as a Terrorist Investigation.
159 Total

Outcomes

31 Charged with Terrorism Act offences only
21 Charged with Terrorism Act offences and other criminal offences
13 Charged under other legislation. E.g. murder (incl conspiracies), grievous bodily harm, firearms, explosives offences, fraud, false documents, etc.
2 Handed over to Immigration Authorities
6 On Police Bail awaiting charging decisions
0 Cautioned
0 Dealt with under youth offending procedures
0 Dealt with under Mental Health legislation
0 Returned to Prison (subject to recall)
1 Transferred to PSNI custody
83 Released without charge
0 Remanded in Custody under US Extradition warrant
2 Result of Investigation awaits
159 Total

4 Terrorism Act convictions to date.
7 Convicted under other legislation. E.g. murder (incl conspiracies), grievous bodily harm, firearms, explosives offences, fraud, false documents, etc
55 Awaiting Trial

I was likely counted in some of these numbers.

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Sun, 12 Nov 2006

IPCC-supervised investigation completed

The investigation of the Police following my complaint is now complete. The findings have to be confirmed by the IPCC before I am provided with a copy of the report.

More...

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Wed, 08 Nov 2006

Parliamentary debates and the NDNAD

I updated my account and the Is the UK a police state? article with much more information on how the Police and the Government manager the national DNA database (NDNAD).

Key points:

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Sun, 22 Oct 2006

Innocent in London - IPCC-supervised investigation close to conclusion

The investigation is close to conclusion, but the IPCC will have to accept the final report before I can get a copy of it.

More...

I just realised that the anniversary of going public, in the Guardian, passed just a month ago.

More...

Other updates: new Independent article by Henry Porter on the limits of liberty and the Terrorism (United Nations Measures) Order 2006.

More...

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Wed, 20 Sep 2006

Response from the ICO about my complaint on LGC creating its own DNA mini database

Where it is revealed that:
The Information Commissioner is aware of no evidence indicating that the MPS are inappropriately giving away DNA information to third parties or are allowing such information to be used for purposes incompatible with the police forces statutory functions.
More...

and that:
This is not to say however that the Information Commissioner is unaware of media reports or does not respond to them when he becomes aware of things.
More...

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Tue, 08 Aug 2006

Innocent in London - ICO explanations

The Information Commissioner's Office explains that LGC may be a data processor processing personal data under instructions from the MPS acting as the data controller. I fill in (yet another) a complaint form.

More...

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Thu, 20 Jul 2006

Innocent in London - DNA samples kept by private company

Where it is revealed that some DNA sampled by the Police is kept by a private company. I ask the Information Commissioner for advice as what to do about it as it may concern my DNA samples and records.

More...

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Wed, 12 Jul 2006

Innocent in London - Meeting the police

I meet the police and give them my statement. The investigation can now start.

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Thu, 06 Jul 2006

Innocent in London - Draft statement, another revision

I'll meet the police to give them my statement this Wednesday. I've further edited the draft statement. If you've got the time to have a look at it and find any mistake or have suggestions for improvement, please send me an email before Wednesday 12.

More...

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Fri, 30 Jun 2006

Innocent in London - Draft statement

I've added a link to a PDF of the draft statement. If you've got the time to have a look at it and have any suggestion for improvement, please send me an email.

More...

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Innocent in London - Complaint recorded

My complaint has now been recorded.

The IPCC can't offer any guidance, but a solicitor suggests I can write the statement on my own and offers some helpful advice.

I decide that a full investigation is the most appropriate option and start working on a draft statement.

More...

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Thu, 22 Jun 2006

Innocent in London - Need a statement

Meeting John Roberts, Chair of the Stop & Search Scrutiny Board at the Metropolitan Police Association (MPA).

Phone call from the Investigative Officer tasked with my complaint against the Police. I need to decide what process the complaint should follow and start working on a statement. If you have any experience in these matters and are willing to offer some advice, please read on and contact me.

More...

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Tue, 20 Jun 2006

Innocent in London - Supervised investigation

My complaint against the Police is considered serious enough for the IPCC to supervise the investigation that will be conducted by the Professional Standards Department of the Metropolitan police.

Lord Carlile publishes his Report on the operation in 2005 of the Terrorism Act 2000.

Added some new advice (taken from the main text) in the 'what can you do' section

More...

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Tue, 13 Jun 2006

Innocent in London - Complaint referred

The matter of the complaint I filed with the IPCC has been referred to the Professional Standards Department of the Metropolitan police for consideration.

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Thu, 25 May 2006

Innocent in London - Notes from MPA meeting

Some notes from the Metropolitan Police Authority (MPA) meeting.

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Wed, 17 May 2006

Innocent in London - Question to the MPA

My written question to the Metropolitan Police Authority (MPA) has been published, with a proposed response, in the agenda of the May 25 full Authority meeting. More...

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Mon, 15 May 2006

Innocent in London - A more positive entry

How several helpful individuals have been of great assistance. And using my right as a member of the public to put a written question to the Metropolitan Police Authority (MPA).

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Thu, 20 Apr 2006

Innocent in London - IPCC complaint

I filed a complaint with the IPCC.

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Mon, 10 Apr 2006

Innocent in London - MPS report

I received the MPS report into my arrest as part of a Subject Access under the Data Protection Act. I also realise that the information on the Police National Computer will remain until I am 100-year old.

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