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Right to have copy of interview tape, cctv tape and vehicle data

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bman123 | 10:54 Mon 15th Jun 2009 | Criminal
3 Answers
I have recently made a complaint to a Police force in England, and all 17 of my allegations were not upheld. SO I am in the process of refering it to the IPCC.
Obviously I cannot go into details, but one of my allegations was that during a 3 hour journey in the back of a police van, the officer constantly broke the speed limit and drove VERY dangerously ( no blue lights or sirens, as it was just a transfer). The invetsigating officer has stated that the police officer DID break the 70 mph speed limit on the motorway on 13 seperatae occasions. However no action will be taken as it was put down to over taking. Is there anyway I am legally allowed to see the data for the full journey, as I know he was driving in excess of 60mph in a 30mph zone?
Also,( sorry this is turning into an epic!) am I entitled to a copy of my taped interview and CCTV footage of me in the police custody area and the cell? As this relates to my complaint.
Thanks in advance.
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If you are, as you say, "in the process of referring it to the IPCC", then it will be their job to gather as much information about the matter as possible.

You can't have it both ways, either they investigate your complaint or else you consult a solicitor of your choosing to act on your behalf.

This is why these systems are in place otherwise Police Forces up and down the UK would be snowed under with people complaining about the most trivial of things.

The law is there not only to serve and protect a complainant but also those who are complained about.
Hi bman123
A friend of mine got his solicitor to request the video of the arrest etc and all that they would supply was a copy of the video footage of the custody area. My understanding is that you have a right under data protection to have access to any data held with your name on it. I would have thought that this would include transcripts of audio tape interviews etc etc. It costs you �10 and you need to complete a form 3019. You can get these forms from the public access office. If the data was held with the metropolitan police you can go to [email protected] to download a form 3019. It takes them about 40 days max to complete your request for either a police national computer search or a service request. I think yours would be a service request specific to a particular incident time arrest number etc etc. Good luck
You are entitled to one free copy of your taped interview IF you are prosecuted, there's usually a charge for any additional copies.

There are no grounds for you to have access to the vehicle data as regards the speeding incident. If the police driver was prosecuted for speeding then the only people who would require access would be the prosecution and the officer's defence team. There's no reason the police should hand over confidential information to you just so you can make a complaint (!) and they aren't obliged to do so either.

Similar applies with CCTV footage of you in custody. If your complaint goes to the IPCC then they can request that footage as part of their own investigation.

I don't know the circumstances of your case, but as a general warning the IPCC take a dim view of people who make complaints about the police simply as some kind of bargaining tool or act of revenge when they've been arrested.

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