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Costs Re RSPCA Arrest - 506/10
Dated: 07 Jun 2011
Date of request: 23/08/2010
Date of response: 14/09/2010
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
Thank you for your email dated 23 August 2010 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
You asked:
Please advise the total costs incurred by Northumbria Police with respect to the arrest of Mr Norris Atthey at the request of the RSPCA in August 2010.
Also advise under what statute or authority are the RSPCA (a charity) entitled to request the Police to arrest anyone suspected of an alleged crime and become "the lead investigator".
In response:
We have now had the opportunity to fully consider your request and I provide a response for your attention.
No information held. The force does not collate information as to the costs of routine arrests.
Police power of arrest is under Section 17 of Police and Criminal Evidence Act 1984. The RSPCA use Section 20 of the Animal Welfare Act 2006 to obtain a power to take possession of an animal.
As the RSPCA do not have the power to seize, they approach the police to attend a location and the Force technically take possession of the animal, the RSPCA take control of the animal and deal with its welfare and storage needs. Arrests are made by police with the inspector from RSPCA, the RSPCA will conduct the interview and prosecute offenders.
The lead agency can either be the RSPCA or the Police, depending upon the case and the circumstances.
Cases involving wildlife are often jointly investigated by the Police and RSPCA, or other similar bodies such as RSPB, under the Partnership for Action Against Wildlife Crime.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.
Yours sincerely
Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347