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data protection
Would anyone know if, under the Data protection Act, I am entitled to apply for a copy of a statement that I have given to the police, regarding an assault against me? Would I also be entitled to request a copy of the assailant's statement? The police in their wisdom have decided not to take matters any further.
Thank you.
Thank you.
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Thank you Ward Minter. The assailant was arrested. What I find amazing is, the assailant who is a young person (16) told the police that they had attacked me in self defence. Why in this case wouldn't the police need to question me further? I'm an adult, surely this would mean an assault on a minor. For me, this young person should have been held accountable for their actions. Actual bodily harm was caused, however minor, they were they were caused. Any way, I will be contacting the seargant to ask questions, I just wanted to know info re the data protection act. Thank you
The Data Protection Act would only apply to your personal details, such as name, address, date of birth and so on.
The police will not provide you with a copy of your own statement, let alone anybody else�s. The difficulty many people encounter is that they make a statement in good faith, it is taken from them and they see no more of it. Then, six to twelve months later, in court, a solicitor or barrister quizzes them on the minutiae of its contents. They may have been allowed to glance at the statement a few minutes before they gave their evidence �to refresh their memory�. The advocate tries to cast doubt in the minds of the jury or magistrates because the witness cannot remember whether their assailant was wearing a black t-shirt or a dark grey one.
I got caught out like this many years ago when I gave evidence in a hit and run case. Since then on the vary rare occasions (two) that I have been asked to make a statement I have insisted on writing it down, word for word, on my own notepaper before I signed the official version. (The silly sods would still not give me a copy, but were quite content to waste all our time by watching me write it down). For me, the rule is simple. No copy (or word for word copy taken by me) - no statement.
With regards to your case, the CPS has probably advised that there is insufficient evidence to have a realistic chance of a conviction. They are very reluctant to continue a case where there are no witnesses other than the protagonists as they believe juries and magistrates are not capable of deciding who is telling the truth.
The police will not provide you with a copy of your own statement, let alone anybody else�s. The difficulty many people encounter is that they make a statement in good faith, it is taken from them and they see no more of it. Then, six to twelve months later, in court, a solicitor or barrister quizzes them on the minutiae of its contents. They may have been allowed to glance at the statement a few minutes before they gave their evidence �to refresh their memory�. The advocate tries to cast doubt in the minds of the jury or magistrates because the witness cannot remember whether their assailant was wearing a black t-shirt or a dark grey one.
I got caught out like this many years ago when I gave evidence in a hit and run case. Since then on the vary rare occasions (two) that I have been asked to make a statement I have insisted on writing it down, word for word, on my own notepaper before I signed the official version. (The silly sods would still not give me a copy, but were quite content to waste all our time by watching me write it down). For me, the rule is simple. No copy (or word for word copy taken by me) - no statement.
With regards to your case, the CPS has probably advised that there is insufficient evidence to have a realistic chance of a conviction. They are very reluctant to continue a case where there are no witnesses other than the protagonists as they believe juries and magistrates are not capable of deciding who is telling the truth.
The DPA does not only refer to computer related material.
Information about individuals on paper and sorted by reference is also subject to the DPA.
http://www.ico.gov.uk
Information about individuals on paper and sorted by reference is also subject to the DPA.
http://www.ico.gov.uk
I'm a police officer and, if it makes you feel any better, we get just as frustrated with CPS decisions as victims/complainants most of the time.
In assault cases, unless the accused completely admits the allegations, the decision as to how to proceed is always referred to the CPS - there are very very few offences which can now be decided by the police unless a full admission is received - and even then the CPS will make the decision on all but the most straight forward cases.
If the CPS don't believe they will be able to get a conviction they won't authorise a charge (unless they feel it's in the public interest to anyway). This can be frustrating, but as JudgeJ has pointed out, the level and nature of questionning in court can be very taxing and the CPS will often look at things from a worst case scenario.
I would always ask at the begining of any statement whether you can have a copy. I've always let people have a copy when asked - at the end of the day I believe that you should have a copy of what you've said! Suspect's who are interviewed and chraged get a copy of the tape, so why not give a victim/witness a copy of what they've said?
In assault cases, unless the accused completely admits the allegations, the decision as to how to proceed is always referred to the CPS - there are very very few offences which can now be decided by the police unless a full admission is received - and even then the CPS will make the decision on all but the most straight forward cases.
If the CPS don't believe they will be able to get a conviction they won't authorise a charge (unless they feel it's in the public interest to anyway). This can be frustrating, but as JudgeJ has pointed out, the level and nature of questionning in court can be very taxing and the CPS will often look at things from a worst case scenario.
I would always ask at the begining of any statement whether you can have a copy. I've always let people have a copy when asked - at the end of the day I believe that you should have a copy of what you've said! Suspect's who are interviewed and chraged get a copy of the tape, so why not give a victim/witness a copy of what they've said?
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