Wasn't the double jeopardy law scrapped in April 2005? I could be wrong!
Stephen
Stephen Brooks
Records Manager
Records Management Service
Lancashire County Council
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of SHQ - Gardiner, Lee
Sent: 07 October 2010 09:20
To: [log in to unmask]
Subject: Re: [data-protection] Man jailed over computer password refusal
Clive - would it be double jeopardy though as the individual being asked
for the password a second time and refusing would surely be committing a
separate offence to the one he has already been jailed for?
Regards
Lee Gardiner
Data Protection & Freedom of Information Officer
Operational Risk Management
Lancashire Fire & Rescue Service
Service Headquarters
Garstang Road
Fulwood
Preston
PR2 3LH
01772 866903
07891 718879
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-----Original Message-----
From: Clive Walker [mailto:[log in to unmask]]
Sent: 06 October 2010 19:28
To: [log in to unmask]
Subject: [data-protection] Man jailed over computer password refusal
1 Whether anyone complies may be affected by the penalty. Most do not
comply and opt for the penalty. In 2009-10
applications/orders/compliance = 38/22/6. Perhaps the penalty should be
longer?
2 The bringing of a further prosecution based on a further notice would
probably be treated as double jeopardy.
3 The offence in s 53 requires knowingly to fail to comply and it is a
defence to show that the key is no longer in one's possession.
Best regards
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Professor Clive Walker
School of Law
University of Leeds
Leeds LS2 9JT, UK
Tel: 44 (0) 113 3435022
Fax: 44 (0) 113 3435056
E-m: [log in to unmask]
Web: www.law.leeds.ac.uk/about/staff/walker.php
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