01/ The federation against copyright theft (F.A.C.T.) blatently lied in thedocumentation they produced and with the information they provided to thepolice.02/ At which rank in the police force and who was the officer, who wasoriginally presented with the documentation produced by F.A.C.T. ?03/ A private company, F.A.C.T. should not have such a strong manipulativeinfluence over the police force.04/ F.A.C.T. as accusers should not be allowed to be involved in any aspectof a case which they have brought to the attention of the police.05/ The police force had the documentaion for a month without evenbothering to check any of the specific information in it, in order tocorroborate any of the accusations being made.
PACE Code B/3.1 When information appears to justify an application, the officer musttake reasonable steps to check the information is accurate, recent and not providedmaliciously or irresponsibly. An application may not be made on the basis of information from an anonymous source if corroboration has not been sought. SeeNote 3A
06/ It is not acceptable for the police force to only need to obtainconfirmation of a persons name and address and then be authorised to takesuch severe action against an individual.
PACE Code B/1.3 - Officers should consider if the necessary objectives can be met byless intrusive means.PACE Code B/3.1 When information appears to justify an application, the officer musttake reasonable steps to check the information is accurate, recent and not providedmaliciously or irresponsibly. An application may not be made on the basis of information from an anonymous source if corroboration has not been sought. SeeNote 3A
07/ I should have been contacted by a police officer and asked to give myaccount of the accusations being made against me by F.A.C.T. by simplyanswering questions about them at home.
PACE Code B/1.3 - Officers should consider if the necessary objectives can be met byless intrusive means.
08/ The magistrate did not check that any of the information had beencorroborated and confirm it had been, before agreeing to and then issuingthe search warrant.
PACE Code B/3.1 When information appears to justify an application, the officer musttake reasonable steps to check the information is accurate, recent and not providedmaliciously or irresponsibly. An application may not be made on the basis of information from an anonymous source if corroboration has not been sought. SeeNote 3A
09/ Apart from 07/ not happening, It did not require 6+ officers with that
degree of threatened force to obtain my account in answer to the accusationsbeing made against me. The accused offence wasn't related to terrorism,explosives, guns or drugs etc.11/ I asked DC PELLOW 1879 to see the search & seizure warrant, but he didnot let me see it, the police officers just barged into my home.
PACE Code B/1.5 If the provisions of PACE and this Code are not observed, evidenceobtained from a search may be open to question.PACE Code/B/6.8 If the occupier is present, copies of the Notice and warrant shall, if practicable, be given to them before the search begins, unless the officer in chargeof the search reasonably believes this would frustrate the object of the search orendanger officers or other people
12/ When I was arrested, I was not able to contact someone to cater for mydog to avoid him being distressed uneccessarily, this person would have beena witness to the search of my premises.
PACE Code B/6.11 A friend, neighbour or other person must be allowed to witnessthe search if the occupier wishes unless the officer in charge of the search hasreasonable grounds for believing the presence of the person asked for wouldseriously hinder the investigation or endanger officers or other people. A search neednot be unreasonably delayed for this purpose. A record of the action taken should bemade on the premises search record including the grounds for refusing the occupier’srequest.
13/ I was not allowed to make a phone call.14/ I was not asked whether I would be prepared to co-operate with thesearch and seizure process at any time.15/ The fact that I'd asked for someone to be contacted and that I wanted tomake a phone call was not written down on the warrant at the time and thereason for refusal was also not recorded on the warrant as required by PACE.
PACE Code B/6.11 A friend, neighbour or other person must be allowed to witnessthe search if the occupier wishes unless the officer in charge of the search hasreasonable grounds for believing the presence of the person asked for wouldseriously hinder the investigation or endanger officers or other people. A search neednot be unreasonably delayed for this purpose. A record of the action taken should bemade on the premises search record including the grounds for refusing the occupier’srequest.
16/ It was not written down or detailed anywhere that whilst being driven tothe police station for questioning, I again asked the officers to contactsomeone and informed them that I wanted to make a phone call.
PACE Code C/3.1 (i) the right to have someone informed of their arrest as in section5PACE Code C/3.5 (iii) want someone informed of their detentionPACE Code C/5.1 Any person arrested and held in custody at a police station or otherpremises may, on request, have one person known to them or likely to take aninterest in their welfare informed at public expense of their whereabouts as soon aspracticable. If the person cannot be contacted the detainee may choose up to twoalternatives. If they cannot be contacted, the person in charge of detention or the
investigation has discretion to allow further attempts until the information has beenconveyed.PACE Code C/5.8 A record must be kept of any (a) request made under this sectionand the action takenPACE CodeC/6.5 The exercise of the right of access to legal advice may be delayedonly as in Annex B. Whenever legal advice is requested, and unless Annex B applies,the custody offcer must act without delay to secure the provision of such advice.PACE Code C/6.16 Any request for legal advice and the action taken shall berecorded.PACE Code C/6B A detainee who asks for legal advice should be given an opportunityto consult a specifc solicitor or another solicitor from that solicitor’s firm or the dutysolicitor. If advice is not available by these means, or they do not want to consult theduty solicitor, the detainee should be given an opportunity to choose a solicitor froma list of those willing to provide legal advice. If this solicitor is unavailable, they maychoose up to two alternatives.PACE Code C/ANNEX B/3. Authority to delay a detainee’s right to consult privatelywith a solicitor may be given only if the authorising offcer has reasonable grounds tobelieve the solicitor the detainee wants to consult will, inadvertently or otherwise,pass on a message from the detainee or act in some other way which will have anyof the consequences specifed under paragraphs 1 or 2. In these circumstances thedetainee must be allowed to choose another solicitor. See Note B3PACE Code C/ANNEX B/5. The fact the grounds for delaying notifcation of arrest maybe satisfed does not automatically mean the grounds for delaying access to legaladvice will also be satisfed.PACE Code C/ANNEX C/13. The grounds for action under this Annex shall berecorded and the detainee informed of them as soon as practicable.
17/ It was not logged in the custody record that each and every time I waschecked-on (approximately every 30 minutes, see below), I had requested tohave someone informed of my arrest and that I wanted to make a phonecall.
PACE Code C/5.1 Any person arrested and held in custody at a police station or otherpremises may, on request, have one person known to them or likely to take aninterest in their welfare informed at public expense of their whereabouts as soon aspracticable. If the person cannot be contacted the detainee may choose up to twoalternatives. If they cannot be contacted, the person in charge of detention or theinvestigation has discretion to allow further attempts until the information has beenconveyed.PACE Code C/5.8 A record must be kept of any (a) request made under this sectionand the action taken
18/ The "Custody Record Front Sheet" states "Offence(s): Other (Breach of Copyright and patents act. (D/P involved in illegal downloading of films).)", Iwas told I was being arrested for "suspicion of downloading copyrightedmovies".19/ DC PELLOW 1879 lied and had no authority to tell me upon beingarrested at 09:05, that an inspector had put a block on all communicationsout from me to anyone, as the order for the block at that time, had not yetbeen authorised by an Inspector. The "Detention Log" sheet page 1 of 6clearly states: "10:47 - Inspector 1406 WILLIAMS authorises a delay in
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