Police Harrassment

[BazzaS]

What was the criminal charge against the police / police officers? (You mention “prosecution against the Police”).

Were they found guilty or not guilty?

[Cadbury10]

Sorry for confusion - There were several false criminal charges brought against my family and dragged on for nearly 2 years through the courts. I was a child at the time and it was hell, which caused a lot of damages to me and my family... It was covered in national press too, which resulted in severe bullying at school...

 

Amongst other things, the Police raided my family home and I was a minor and in bed at the time and they wouldn't even let me get dressed without watching me..

 

Their handling of the entire case was disgusting and was dragged through the courts for about 2 years, before being completely thrown out... 

 

I want the papers...

[BazzaS]

So, there was no “prosecution against the police”?

If the police were prosecuted and found guilty in the Crown Court, I’d suggest getting the case transcript.

If they weren’t prosecuted and found guilty : little point in obtaining the case transcripts.

 

Do you want the details for the case / charges brought against others (which you aren’t likely to get by a DSAR), or details of data held about YOU (which you’ll likely get, if it is still held, and retrievable without Herculean effort) but

 

a) it may not still be held

b) it may be held but retrieving it may represent “disproportionate effort” by the police

c) If held and retrievable it may be sparse (e.g. “also present at the address was a child”) that refers specifically to you (which is what you are entitled to : YOUR data). You can’t use a DSAR to get details of the case against others.

Edited July 31, 2019 by BazzaS

[Cadbury10]

Bazza - I don't understand any of what you just said...

 

Are you able to just tell me where I can get the papers/police/court files?

 

Edited July 31, 2019 by Cadbury10

[BazzaS]

Which part don’t you understand?

If you don’t understand any of it you need to re-read the links about what a DSAR entitles you to.

You can ask for data held on YOU.

You can’t ask for data held on another person, as that is their personal data, not your personal data.

Edited July 31, 2019 by BazzaS

[Cadbury10]

Just now, BazzaS said:

Which part don’t you understand?

If you don’t understand any of it you need to re-read the links about what a DSAR entitles you to.

You can ask for data held on YOU.

You can’t ask for data held on another person, as that is their data, not your data.

 

 

but all of the above case mentioned relates to data held on me, so surely I have rights to the entire records ?

 

[BazzaS]

It is only advice, you don’t have to take it.

 

But you should only expect data relating to you.

Data regarding another person is likely to be withheld, or at least redacted from what is released to you.

[Cadbury10]

I would like to make a claim against the Police for damages caused for that case (and other involvement with them since), on behalf of myself and also my family... 

 

I am doubtful those records / file have been destroyed... So would just like to know exactly where the Police file in particular would be held, so that I can write to the relevant department 

[Cadbury10]

Could somebody please tell me exactly where I can write to for these files

[honeybee13]

This could be quite a big ask, Cadbury, it might need someone who understands SAR matters within the police and I don't know if we have anyone.

 

Can I ask what you're looking for - compensation, an apology, closure?

[Ell-enn]

Have you taken any legal advice on this ?

[BazzaS]

If any such claim wasn't statute barred, you could start a civil claim against the police, and request disclosure of the documents as part of that.

 

Advantages : disclosure would give you a wider range of data (in terms of data regarding others) than a DSAR

 

Disadvantages:  For the full remit of disclosure (and given the complexities of such a claim) it wouldn't be on the small claims track. As such it is likely to involve the risks of significant cost (and the other side's costs if you lose), and I suspect you'll find it hard to find a solicitor willing to take it on a "no win, no fee" basis, so you'd need substantial resources to fund such (and from your other threads, this seems unlikely an option for you).

 

If this was decades ago, any such claim is likely statute barred (you'd usually only have 3 years from your 18th birthday if the claim was based on 'personal injury').

If you want to 'make a claim' against the police, how are you going to get around the statute bar issue?.

Edited July 31, 2019 by BazzaS

[Cadbury10]

Seeking HUGE compensation... 

 

Have only felt able to look into this now... and still find it difficult to speak about...

 

I have a feeling I might be more successful obtaining more detailed records through a SAR initially, rather than jump straight in with a claim.... Just need a bit of step-by-step guidance to where the records of this specific case would be held, as would be greatly helpful for any claim I may have

Edited July 31, 2019 by Cadbury10

[BazzaS]

Get legal advice regarding the statute bar issue first.

If your claim is already “dead in the water”, it is worth knowing that before expending energy that won’t give you the compensation you desire, if you can’t get round the statute bar.

 

If you are within the statute bar period but the deadline is looming, don’t miss the deadline by sending an SAR instead of issuing the claim before the deadline.

Edited July 31, 2019 by BazzaS

[Cadbury10]

I don't see the  statute bar as being a problem

[BazzaS]

Why not?

[Cadbury10]

Why were the victims of Jimmy Saville (for example) not statute barred with their claims ?

[Cadbury10]

Totally off subject here... but that reminds me... I also wrote to Jimmy Saville as a child, including a photograph of me as required from his televised competition.... I feel violated and wonder where my photograph has been shared... Can I claim any compensation from his estate for coercing me to send him a photograph of me as a child ?.... 

[Cadbury10]

10 minutes ago, BazzaS said:

Get legal advice regarding the statute bar issue first.

If your claim is already “dead in the water”, it is worth knowing that before expending energy that won’t give you the compensation you desire, if you can’t get round the statute bar.

 

If you are within the statute bar period but the deadline is looming, don’t miss the deadline by sending an SAR instead of issuing the claim before the deadline.

 

I cant afford legal advice .... Better do do on my own and with any help from CAG

[honeybee13]

If it was a televised competition, would you have sent the photo to the BBC? Can you tell us how long ago this was please?

 

HB

[BazzaS]

OK then: When was the earlier of either:

a) your actual knowledge of the harm to you, or b) constructive knowledge (when a reasonable person SHOULD have known) of the harm to you.

Was the earlier of these before or after you turned 18?

 

Edited July 31, 2019 by BazzaS

[Cadbury10]

3 minutes ago, honeybee13 said:

If it was a televised competition, would you have sent the photo to the BBC? Can you tell us how long ago this was please?

 

HB

 

HB - Not sure to be honest... probably around 1987-88 and yes, was sent to Jimmy Saville at BBC... 

 

 

 

[Cadbury10]

7 minutes ago, BazzaS said:

OK then: When was the earlier of either:

a) your actual knowledge of the harm to you, or b) constructive knowledge (when a reasonable person SHOULD have known) of the harm to you.

Was the earlier of these before or after you turned 18?

 

 

I was aware of the harm caused to me and family by the Police at the time (around 9 years old)... Was too traumatised, shocked, distressed, young, frightened & intimidated to ever do anything about it before now... 

 

It has kind of been blocked out as severe trauma and was also severely traumatic for my family and none of us can even speak about it very easily.. It was not very nice

 

Does that satisfy your question?

[BazzaS]

“Satisfy my question”?!

 

I was asking in terms of constructive knowledge, and statute bar. It wasn’t an idle, irrelevant nor unreasonable question.

 

You face an uphill battle for any compensation claim in terms of getting a court to disapply the statute bar.

That uphill is steeper if you chose not to get professional legal advice.

If you are then relying on respondents on CAG to help, that uphill becomes even steeper if you “kick back” at reasonable questions.

I suspect it will only put people off helping you to help yourself.

 

Good luck. With your lack of insight and your approach, you’ll certainly need it.

Edited July 31, 2019 by BazzaS

[Cadbury10]

1 minute ago, BazzaS said:

 

 

Good luck. With your lack of insight and your approach, you’ll certainly need it.

 

 

Bazza, I think you're the one with lack of insight .