Both I believe. Surely though as in the previous conversation there is an
exemption on confidential references and therefoer if the statements were
given on a confidential basis then that person has the right to object to
their statement being disclosed. I was not aware that all statements had to
be produced at a disciplinary hearing.
> -----Original Message-----
> From: Ian Welton [SMTP:[log in to unmask]]
> Sent: 01 February 2001 21:20
> To: [log in to unmask]
> Subject: Re: Subject Access - Disclosure
>
> Have the statements been taken as part of a criminal investigation or an
> internal disciplinary matter?
>
> If criminal then the accused will get a copy as part of defence
> disclosures.
>
> If internal disciplinary they should get a copy as part of the
> disciplinary
> process.
>
> On both counts the accussed would be given a copy of their statement. How
> can it be refused under subject access?
>
> Have not yet been in a position where I could refuse access to a witness
> statement. Although I suspect such a circumstance may eventually arise.
>
> Normal advice given is to push the person requesting access towards the
> defence disclosure route, to save them money. Get them to speak to their
> legal representative to see if they can save themselves the money now. If
> not suspect disclosure will be the only route you can take but it will be
> work talking to the organisations solicitor dealing with the matter.
>
> Maurices comments are spot on. There are no straight forward or
> exemptions
> to disclosure of this type of material.
>
> As I understand it the legal process in this country is open and intended
> to
> be so, so disclosures must and do take place. If they did not we would be
> talking about secret trials and sentence without an ability to properly
> defend.
>
> Sorry if I went on there. I do get inflamed about this in force when the
> disclosure situation arises.
>
> Ian W.
>
> ----- Original Message -----
> From: "Broom, Doreen" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, February 01, 2001 2:40 PM
> Subject: Subject Access - Disclosure
>
>
> > All
> > Help sought! I presently have a subject access request from an employee
> of
> > my local authority who has been suspended along with four others. There
> had
> > been an incident.
> > Anyway, the Director of the Department has taken statements from other
> > individuals in the Department (in confidence). I have spoken to the
> Senior
> > Compliance Officer at the ODPC and told him I felt if we did not have
> the
> > third party's agreement then we could not disclose the statement
> especially
> > as it was in confidence. He replied that there were two individuals to
> > consider here - who did we owe a duty of confidence to as the person who
> was
> > suspended had a right to see any opinions which had been made about him.
> > I feel in a difficult situation here - surely an investigation is held
> into
> > any disciplinary procedure - are they entitled to all statements? or
> would
> > this only happen at Tribunal.
> > Can any of you legal eagles out there help or anyone on this list?
> > Mnay thanks,
> > Doreen Broom
> > Data Administrator
> > Scottish Borders Council
> > Council HQ
> > Newtown St.Boswells
> > Melrose
> > Borders TD6 0SA
> >
> > Tel: 01835 824000
> >
> >
> >
> > ________________________________________________________________
> >
> > This e-mail is privileged, confidential and subject to copyright.
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> > _________________________________________________________________
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