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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: Disclosure

From:

"Scourfield, Brenda" <[log in to unmask]>

Reply-To:

Scourfield, Brenda

Date:

Mon, 8 Jan 2007 11:51:23 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (393 lines)

What I find more disturbing is that a life sentence for murder seems to be
about 11 years. 

Brenda Scourfield
Team Leader
I.T. Division
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1 TP
 
Tel 01437 775380

> -----Original Message-----
> From:	This list is for those interested in Data Protection issues
> [SMTP:[log in to unmask]] On Behalf Of Nick Landau
> Sent:	08 January 2007 11:04
> To:	[log in to unmask]
> Subject:	Re: Disclosure
> 
> I am not sure if anyone has posted this but here is the BBC news item 
> (containing photos) but which gives the background to the case, with 
> comments of the Lord Falconer etc.
> 
> http://news.bbc.co.uk/1/hi/england/6234223.stm
> 
> "'Danger to public'
> 
> "When you are dealing with two convicted murderers, both of whom have 
> absconded, it is utterly obvious that there is no public interest arising 
> out of the Human Rights Act which prevents publication," he told the BBC.
> 
> The Department for Constitutional Affairs (DCA) also said that the photos 
> should be published if the men are considered a danger to the public.
> 
> The department said the Human Rights Act "explicitly" allows police to
> print 
> "wanted" pictures if it is in the public interest."
> 
> From Liberty:
> 
> http://www.liberty-human-rights.org.uk/news-and-events/1-press-releases/20
> 07/derbyshire-fugitive-prisoners-case.shtml
> 
> "Derbyshire Police have revealed that although two convicted murderers are
> 
> among 13 inmates who absconded from Sudbury open prison since November
> 2006, 
> they would not publish the photos of the men due to factors including
> their 
> human rights protections.
> 
> In response, Liberty Director Shami Chakrabarti said:
> 
> "Nothing in the Human Rights Act prevents publishing pictures to capture a
> 
> fugitive - on the contrary, the rights of potential victims may create an 
> obligation to do so. But ultimately this must be an operational policing 
> decision, not a political one. There is a difference between naming and 
> shaming versus the necessity of a manhunt."
> 
> The Lord Chancellor has also dismissed the suggestion that the Human
> Rights 
> Act prevented the publication of the photographs of the two murderers as 
> "absolute nonsense.""
> 
> Nick Landau
> 
> ----- Original Message ----- 
> From: "Tim Turner" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, January 08, 2007 10:27 AM
> Subject: Re: [data-protection] Disclosure
> 
> 
> >I doubt that the current situation is the same as this case - releasing
> > pictures of the escapees could reasonably be said to be proportionate,
> in
> > the sense that they have committed an offence (escaping from prison),
> and
> > one way in which their crime can be resolved is if they are recognised
> by 
> > a
> > member of the public after their photograph has been released. It isn't
> a
> > matter of further punishment, but practical need.
> >
> > On first reading, the problem with the Essex case appears to be that
> they
> > could have done a similar campaign emphasising the sentences received
> for
> > certain crimes without identifying the individuals. There was no actual 
> > need
> > to identify the individuals - not the same as the situation with the
> > escapees, continuing to commit a crime purely by virtue of the fact that
> > they aren't in prison where the court says that they should be.
> >
> > Tim Turner
> > Data Protection / FOI Officer
> > Legal and Property Services
> > Wigan Council
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Alan Stead
> > Sent: Mon 08 January 2007 09:32
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disclosure
> >
> > Sorry to prolong the discussion but you may find the attached Case
> > interesting:
> >
> > R (On the application of ELLIS) v THE CHIEF CONSTABLE OF ESSEX POLICE 
> > (2003)
> > [2003] EWHC 1321 (Admin) QBD (Lord Woolf of Barnes LCJ, Goldring J)
> > 12/6/2003 HUMAN RIGHTS - CRIMINAL LAW - CRIMINAL PROCEDURE - POLICE 
> > OFFENDER
> > NAMING SCHEMES : PUBLIC INTEREST : REDUCTION OF CRIME : PREVENTION OF 
> > CRIME
> > : DETECTION OF CRIME : PROTECTION OF RIGHTS OF OTHERS : PUBLICATION OF
> > PHOTOGRAPHS : DISPLAY OF POSTERS : DISCLOSURES OF IDENTITY : CONVICTED
> > PERSONS : NAMING AND SHAMING : PROBATION SERVICES : SOCIAL SERVICES : 
> > LOCAL
> > AUTHORITIES : CIRCUMSTANCES OF OFFENDERS : RISK ASSESSMENTS : 
> > REHABILITATION
> > OF OFFENDERS : RISK OF REOFFENDING : RISK OF HOMELESSNESS : RISK OF HARM
> 
> > TO
> > FAMILY : PROTECTION OF CHILDREN : UNFAIRNESS : DISCRIMINATION : ART.8 :
> > RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE : PRESUMPTION OF INNOCENCE
> :
> > EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL
> > FREEDOMS 1950 : EUROPEAN CONVENTION ON HUMAN RIGHTS : ECHR : CRIME AND
> > DISORDER ACT 1998 In terms of the right to respect for private and
> family
> > life under Art.8 European Convention on Human Rights, the legality of an
> > "offender naming scheme" operated by police could not be determined in
> > principle and would depend on how the scheme was operated in practice in
> > relation to each particular offender.
> > Application concerning the lawfulness of an "offender naming scheme"
> > operated by the defendant ('Essex police'). The scheme was introduced
> with 
> > a
> > view to reducing burglary and car crime in the Brentwood area, and was
> > implemented in an attempt by Essex police to perform its duties under
> the
> > Crime and Disorder Act 1998 to implement strategies for reducing crime.
> It
> > involved displaying posters at some 40 sites showing the name and face
> of 
> > a
> > selected offender, the nature of his offence and the sentence he was
> > serving. Essex police's protocol governing the scheme required that only
> > offenders serving at least 12 months in prison would be selected for
> > inclusion in the scheme and that the offender and his legal
> representative
> > were to be given written notice on the day of sentencing and given seven
> > days in which to register an objection. The selection would then require
> > approval from a senior officer after a risk assessment carried out in
> > consultation with the probation service and social services. The
> probation
> > service had expressed reservations about the Brentwood scheme, the local
> > authority had expressly disapproved of it, and NACRO had stated that it
> > would interfere with the rehabilitation of offenders and would be
> > ineffective in reducing the reoffending rate. The claimant ('E') was
> > selected by Essex Police to be the first offender used in the scheme.
> The
> > probation service concluded that to use E would, on his release from 
> > prison,
> > increase his risk of homelessness, drug misuse, re-offending and
> > non-compliance on licence, and was likely to increase the risk of harm
> to
> > the public. They also concluded that there was a risk of harm to E's
> > parents, ex-partner and young daughter who all lived in the locality. 
> > Essex
> > police took the view that there would be no such adverse consequences of
> > including E in the scheme, as his conduct on release was unlikely to be
> > affected, his crimes had already been reported in the press, his 
> > ex-partner
> > and daughter had changed their names, and E had indicated that he
> intended
> > to move away from Essex. However, Essex police subsequently decided to
> > withdraw E from the scheme and the court was left to rule on the 
> > lawfulness
> > of the scheme in principle rather than E's case in particular. It was
> not
> > disputed that the scheme involved an interference with private and
> family
> > life contrary to Art.8(1) European Convention on Human Rights but Essex
> > police argued that any interference was justified under Art.8(2) as
> being
> > necessary in the interests of the prevention or detection of crime or
> the
> > protection of the rights and freedoms of others.
> >
> > HELD: (1) There was a general presumption that information should not be
> > disclosed by the police, in view of the potentially serious effect on
> the
> > ability of convicted people to live normal lives and the risk of
> violence
> > towards such people, but there was a public interest in favour of 
> > disclosure
> > where necessary for the prevention or detection of crime or the
> protection
> > of vulnerable people, and each case must be considered on its particular
> > facts. There should only be disclosure where there was a pressing need, 
> > and
> > the police must first obtain as much information as reasonably 
> > practicable,
> > including from other agencies. It was a principle of law that the police
> > were not entitled to punish and that they should not seek to do so by
> > "naming and shaming" offenders. It was also a principle of law that a
> > convicted person retained all his rights that were not expressly taken 
> > away
> > by law. Hellewell v Chief Constable of Derbyshire (1995) 1 WLR 804 and R
> v
> > Chief Constable of North Wales Police & Ors, ex parte Thorpe & Anor
> (1999)
> > QB 396 applied. (2) Had it been necessary to rule on E's individual
> case,
> > the court would have done so in E's favour. There was concern as to
> Essex
> > police's superficial reaction to the risk factors identified by the
> > probation service. Damage could have been done to E's family and child
> > despite their change of name, and they also had rights under Art.8. It
> was
> > particularly important to safeguard the rights of E's child and there
> was 
> > a
> > real question as to whether it could ever be appropriate to nominate the
> > father of a young child for inclusion in the scheme. The scheme also
> > involved a degree of unfairness in that it discriminated between those
> > offenders who were included and those who were not, and the former would
> 
> > see
> > inclusion as a form of additional punishment. (3) However, it was not
> > desirable in this case to rule that the scheme in principle was either
> > lawful or unlawful, because its legality depended on the particular
> > circumstances of each offender included in it and how the scheme was
> > operated in practice. Accordingly, the court would not grant a
> declaration
> > that the scheme was incapable of being operated lawfully.
> Notwithstanding
> > this, there was at least a doubt whether the possible benefits of the 
> > scheme
> > were proportionate to the intrusion into an offender's Art.8 rights, and
> 
> > the
> > police would have to undertake considerable care in the investigation of
> a
> > selected offender's circumstances, and in the operation of the scheme,
> if 
> > it
> > were to be lawful. Until that happened, however, the legality of the 
> > scheme
> > remained uncertain.
> >
> > No order.
> > Tim Owen QC & Paul Mylvaganam instructed by Sanders Witherspoon for the
> > claimant. Anne Stud instructed by the Solicitor for the Police Force 
> > (Essex)
> > for the defendant.
> > LTL 16/6/2003 : (2003) 2 FLR 566 : (2003) ACD 350 : Times, June 17, 2003
> >
> >
> > I hope this helps a bit
> >
> > Alan
> >
> >
> > Alan Stead
> > Service Manager-Information Governance
> > Nottingham City Council
> > Guildhall
> > Burton Street
> > Nottingham NG1 4BT
> > Tel 0115.9154943
> >
> >
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