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I assume that when Tim Trent says "we have taken a view as a nation" it 
means that this Parliament has voted on it.

It is the sort of thing that Government ministers might say.

Nick Landau

----- Original Message ----- 
From: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, January 08, 2007 2:16 PM
Subject: Re: [data-protection] Disclosure


> This is way, way off the subject, but I don't think the statement "we have
> taken a view as a nation" has a firm basis. Although I personally disagree
> with them, a lot of the nation still take the view that murderers should 
> be
> executed. Look at any opinion poll on the subject, and I think you'll find
> out what the nation thinks.
>
> 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 Tim Trent
> Sent: Mon 08 January 2007 12:12
> To: [log in to unmask]
> Subject: Re: [data-protection] Disclosure
>
> It's a bit more complex that that.  The sentence is for Life, and there is 
> a
> time before which one may not be released as a "Life Licensee" (subject to
> conditions, recall, etc etc.
>
> Since we stopped executing murderers we have taken a view as a nation that
> people may be released after a relevant number of years has been served,
> with due consideration to the individual, the circumstances of the crime
> etc.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
> Sent: 08 January 2007 11:51
> To: [log in to unmask]
> Subject: Re: [data-protection] Disclosure
>
> 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-release
>> s/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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