Doreen,
If the solicitor does submit a subject access request on behalf of their
client, there would not seem to be any feasible exemption which could
realistically be claimed, as they are able to obtain the material anyway via
the disclosure rules, and have merely chosen another route. I am
discounting section 31 as inappropriate in the described circumstances.
If a subject access were submitted to the police, the same would apply. It
would seem extra-ordinary if the police objected to an arrested persons
solicitor viewing a CCTV tape of the incident and surrounding circumstances;
Sufficiently so to show some prejudice in the case in question I would have
thought.
Ian W
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