Sent: 07 November 2023 16:27

To: Prosser Jacqueline M - SW-CU 

Subject: RE: Outcome of complaint 

"Thank you for this, but I have two immediate problems:

At the end of your report you state that, overall, the performance was not satisfactory, but the AA contradicts this. Please explain.

On a particular point you have mis summarised s32 PACE. Ss (1)of s32 is absolutely clear:

(1)A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others. 

As no such danger was alleged or mentioned. As a result none of the powers in the remaining subsections were available, so the search of both Michael and the premises was illegal, as were the seizures.

By mis applying s32 you have turned a criminal act into a lawful one. If that was an error, it must be"

corrected. If not corrected it means you are aiding and abetting an offence.

I really don’t want to get you into trouble, so I am offering you the opportunity to check this and amend your report.

If you cannot, I will proceed with the request for review and will have to stress the extreme consequences of this error. There are many."

Sent: Wednesday, November 8, 2023 11:19:13 AM

"Dear Mr Hart,

My investigation into your complaint is not considered inaccurate and will not be withdrawn. 

The investigation is now complete and I will not be responding to any further emails.  Please refer to the instructions in the outcome report for submitting a review if you are dissatisfied.

Kind regards,

Jacqui."

Sent: Wednesday, 8 November 2023, 08:51

"So, you see the problem. You have now confirmed:

your report was inaccurate by not including the precondition for use of s32

so that, as your report discloses you have found no reasonable grounds for believing Michael was a danger to himself or others, the use of s32 was a breach of the law by PC Young.

Please confirm that your report will now be withdrawn, and that we be allowed to comment on it in detail before it is resubmitted, so that all the other errors of fact can be corrected, too.

If you need a superior officer’s authority to do so, please provide the appropriate contact details."

Sent: Tuesday, November 7, 2023 2:15 PM

"I have been advised by the IOPC contact centre to email this address to initiate a review of complaint PC/60/2

Please see the chain of emails below for the full context, in summary, I am dissatisfied with the investigation outcome due to the fact the decision results from an obvious error in law so the conclusion must be challenged on that basis in the first instanc

There are numerous other problems with both the investigation procedure and administrational issues but even the investigator directly admits fault in how she and the authorizing officer came to the obviously flawed conclusion to not refer the matter to the clown prosecution servic

Please accept this email as a request to urgently review the investigatio

In my opinion this outcome falls so far below any reasonable level of service that this matter may itself qualify as a direct attempt to pervert the course of justice

Thank you.'

Sent: Wednesday, November 8, 2023 7:25 AM

"Dear Mr Hart,

Please see below the full information relating to Section 32 of PACE, the search was for evidence relating to an offence.

Section 32 of PACE creates powers to search any arrested person where they have been arrested at a place other than a police station.

32(1) A police officer may search any arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the officer has reasonable grounds for believing that the arrested person may present a danger to himself or others.

32(2) A police officer shall also have power in any such case -

(a) to search the arrested person for anything -

(i) which he might use to assist him to escape from lawful custody; or
(ii) which might be evidence relating to an offence; and

(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.

The ‘service provided not acceptable’ relates to the learning issued by Mr Luke Mooney in relation to allegation 8.  You approached Mr Mooney separately regarding this matter and it was dealt with independent of the AA report.

I hope to have addressed your immediate concerns.  This investigation is now complete, should you wish to raise further concerns in the future this will need to be submitted as a separate complaint.

Kind regards,

Jacqui."