Request for Disclosure of Police Information Under Section 35 of the Data Protection Act 1998

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REQUEST FOR DISCLOSURE OF POLICE INFORMATION UNDER SECTION 35 OF THE DATA PROTECTION ACT 1998.

THIS FORM IS NOT TO BE USED FOR THE PURPOSE(S) OF FAMILY LAW PROCEEDINGS, WHICH ARE DISCLOSED UNDER A DIFFERENT PROCEDURE

The legal basis for this request is Section 35 of the Data Protection Act 1998.

- Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

- Personal data are exempt from the non-disclosure provision where the disclosure is necessary:

- For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

- For the purpose of obtaining Legal advice, or

- Is otherwise necessary for the purposes of establishing exercising or defending legal rights.

Please ensure you complete all relevant fields on the form, including as much information as possible to enable us to fully assess your request. Failure to provide sufficient detail may result in the disclosure being refused.

NB. There is likely to be a charge for disclosure of information (please see attached guidance and details of the fees payable for this service)

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SECTION 1 - DETAILS OF THE INDIVIDUAL COMPLETING THIS APPLICATION

(Please tick the appropriate box(es) and provide further details as required)

I am a private individual acting on my own behalf I represent a Client(s)

From (name in full)

Organisation/business (if applicable)

Address

Telephone Number(s)

Secure Email Address (if applicable)

Non-secure Email Address

Your reference (if applicable)

Civil Case number (if applicable)

Court Dealing (if applicable)

SECTION 2 - PROOF OF IDENTIFICATION CHECKLIST (please see attached list of acceptable forms of identification)

I am a private individual acting on my own behalf and I submit this application with:

Identification showing my name

Identification showing my date of birth

Identification showing my address

NOT PROTECTIVELY MARKED Agreement to pay the fee as detailed in the attached guidance

(Please tick the appropriate box)

Please return my identification to me at the address on the identification

Please destroy my identification at the end of this application

I represent a client , with a legal basis to do so and I submit this application with:

Proof of my client’s name

Proof of my client’s date of birth

Proof of my client’s address

My client’s written consent to disclose the information

Agreement to pay the fee as detailed in the attached guidance

SECTION 3 - LEGAL BASIS FOR REQUEST

(Please tick the appropriate box(es))

I apply:

Under an enactment or rule of law (s35(1)) – see below

In existing legal proceedings (s.35(2))

In prospective legal proceedings (s35(2))

To obtain legal advice (s35(2))

To establish, exercise or defend legal rights (s35(2)) – see below

NOT PROTECTIVELY MARKED Has the court issued a directions order for disclosure of police information? (If yes, please attach the order to this form) Yes No

SECTION 4 - FURTHER DETAILS OF THE LEGAL BASIS

If you are completing the form for the purpose(s) of Under an enactment then please provide the Act and relevant Section under which you are operating or intending to operate and where applicable the Sections of the Act that enables you to request the Information and the police to provide it:

If there are existing or prospective legal proceedings, please provide details:

If you are completing this form for the purpose of obtaining legal advice, what is the advice sought for?

If you are completing the form for the purpose(s) of establish, exercise or defend legal rights then please describe the legal rights that you are intending to establish, exercise, or defend.

NOT PROTECTIVELY MARKED SECTION 5 - DETAILS OF THE REQUESTING PARTY

(Please tick the appropriate box(es) and provide further details where required)

I am a private individual acting on my own behalf and my details are as above. (continue to next section on other relevant parties) I represent the party and my client’s details are as below:

Party – Full Name

Party - Date of Birth

Party - Address

Previous addresses (if lived in the above address for less than 3 years)

I am/my Client is the: Applicant or Prospective Applicant Respondent or Prospective Respondent Other (please provide further details)

SECTION 6 - DETAILS OF OTHER RELEVANT PARTIES

The other relevant party(ies) is/are:

Full Name(s)

Date of Birth(s)

NOT PROTECTIVELY MARKED Addresses (if known)

Previous Address(es) (if known)

The above party(ies) is/are the:

Applicant(s) or Prospective Applicant(s) Respondent(s) or Prospective Respondent(s) Other (please provide further details)

Where necessary, please provide the written consent and identification of any other third parties that the information relates to. Please be aware that without consent, third party information will be redacted from any documents provided.

SECTION 7 - DETAILS OF THE REQUEST (Continue on a separate sheet if necessary)

Describe the types of police information that you expect there to be held: (e.g. incident log, crime report, child protection report)

Provide any relevant police crime and incident reference numbers that you have:

If known, provide the time(s), date(s), location(s) and parties relevant to the incidents or matters:

NOT PROTECTIVELY MARKED Explain why this information relevant to your case:

Detail whether this information can be obtained anywhere else and if so, what steps have been taken to utilise this route?

How would refusal to provide this information affect your case?

SECTION 8 - DETAILS OF RESPONSE

(Please tick the appropriate box(es) and provide further details where required)

Please send the response to the address at section 1 (applicant)

Please send the response to the address at section 5 (requesting party)

Please send the address to a different address (as below)

NOT PROTECTIVELY MARKED Details of the court (if applicable):

SECTION 9 - DECLARATION & UNDERTAKINGS

I confirm that the personal data requested is necessary for the purpose(s) described in this application and that failure to provide this information, in my view, is likely to prejudice these matters.

I undertake:  To keep any data supplied secure,  To use any data supplied only for the purpose described in this application  Not to supply copies of the data to any other party except;  To a legal representative under my instruction or brief in this case  To an expert witness instructed by myself of the Court in this case  To comply with a further order or instruction of the Court to comply with existing Legal Rules for disclosure/discovery in this case  With the explicit consent of the Chief Constable of Suffolk Constabulary or their nominee

I accept that disclosure under Section 35 of the Data Protection Act 1998 is discretionary and that Suffolk Constabulary may refuse to provide the information in which I have requested in its entirety, or in part or may provide the information directly to the Court.

My signature below indicates my confirmation of the necessity of the requested data as described above and my undertaking to comply with all of the conditions for disclosure described within this guidance. I also understand that failure to comply with these undertakings may constitute a criminal offence under Section 55 Data Protection Act 1998.

Signature

Print Name

Status in the process Applicant Legal Representative

Date of Application

NOT PROTECTIVELY MARKED Please ensure that all correspondence is sent to the Data Protection Department on the following contact details:

Data Protection Department Norolk Constabulary OCC Jubilee House Falconers Chase Wymondham NR18 0WW Email address - [email protected]

GUIDANCE ON IDENTIFICATION DOCUMENTS

Individuals acting on their own behalf (where a solicitor has not been instructed) must use this application form and provide two different forms of identification. The identification must prove the individual’s name, date of birth and address.

Legal representatives are required to prove their client’s name, date of birth and address.

Examples of suitable identification are:

 Copy of birth certificate  Copy of passport  Copy of driver’s licence  Copy of recent bank statement  Copy of recent utility bill  Copy of current year council tax

‘ Recent’ relates to documents issued within the past 6 months. The information may be edited such as to remove financial information, transactions and other information not required.

DO NOT SEND ORGINAL DOCUMENTS - COPIES ARE SUFFICIENT FOR THIS PURPOSE.

NOT PROTECTIVELY MARKED Disclosure Requests in connection with Civil Proceedings where disclosure is considered under S.35(2) Data Protection Act 1998

Charging Policy Charges will be applied in all but exceptional cases where the circumstances of the applicant are such that a charge would cause unwarranted financial difficulty.

2014/15 Acci de n t R e p o r t s £ Copy of Accident Report (full extract up to 30pages) 90.40 Additional pages for same incident (per page) 3.90 Limited particulars (RT Act details) 32.10 Copy of self reporting / minor accident form 32.10 Fatals - Accident Investigation report 388.20 Fatals - Reconstruction video 77.40 Rough Data (per page) 25.80 Copy of Scale plan -other than in collision report 38.80 Copy of Police vehicle examination report (unless provided as full 64.50 extract) Copy of Collision Reconstruction Report (unless provided as full 64.50 extract) Copy of Collision Reconstruction Report (unless provided as full 3.90 extract) per page (max £50) C o p ie s of P h oto g r a p h s from Digital camera (per disc) 19.00 A4 Index sheet (digital) 19.00 Photographs (first photo) 25.80 Each subsequent photograph 2.90 C o p ie s of s t a t e m e n t s - o t h e r t han in b o o k l e t s (per statement – up to 3 pages) 33.20 Additional pages (per page) 3.90 Copy of witness statement (witness agrees to disclosure of 38.80 personal details) Copy of witness statement (witness not agreeing to disclosure of 51.60 personal details) Interview with Police Officer (per Officer) 129.00 Request for a statement to be written by Police Officer 129.00 Copy of PIC Sheets (2nd copy ) 25.80 Copy of interview record 51.60 (only where prepared during investigative process) Copies of VHS videotapes (provision for CJS) 77.40 Copies of audio tapes 77.40 (provision for CJS) 32.10 Copies of CDs/DVDs 19.00 C ance l la t i on c har g e s if request is cancelled prior to search REFUND if search is made prior to cancellation 32.10 if search is made and documents ready for dispatch 77.40 Abortive search 32.10

NOT PROTECTIVELY MARKED 2014/15 Re q u e s t s f o r Disc l osu r e of I n f or m a t i o n Request for information (up to 2 hours work) 81.20 Hourly rate for work above 2 hours (including redaction) 27.10 O t h e r c o m m o n it e ms Crime Report 82.10 MG5 32.70 MG3 32.70 Incident Log 33.40 PNC Convictions 32.70 Caution Certificate 21.80 Domestic Violence Report 49.30 Occurrence Summary 16.50 Custody Record 16.50

NOT PROTECTIVELY MARKED