News1 min ago
Can I see police evidence
Hi My friend was arrested for drunk and disorderly admittedly we were both drunk by were not disorderly, can he ( my friend) go to the station and look at the evidence against him, without submitting a data protection request - as this takes upto 40 days to process yet he only has 7 days left to pay the fine or contest the charges.
Cheers
Cheers
Answers
There is no right to see evidence before deciding whether or not to accept a fixed penalty. Your friend may be able to see it if the police feel so inclined (though they usually are not) but he does not have the right to do so. This has nothing to do with the Data Protection Act.
The idea of a fixed penalty is that guilt is admitted and the penalty paid without the...
The idea of a fixed penalty is that guilt is admitted and the penalty paid without the...
14:43 Thu 26th Apr 2012
There is no right to see evidence before deciding whether or not to accept a fixed penalty. Your friend may be able to see it if the police feel so inclined (though they usually are not) but he does not have the right to do so. This has nothing to do with the Data Protection Act.
The idea of a fixed penalty is that guilt is admitted and the penalty paid without the need for administration. If, as you suggest, he was not disorderly then he should refuse the offer of a fixed penalty and instead opt for a court hearing where he should plead Not Guilty. A trial will then be needed and he will be given all the evidence against him.
If he is found guilty it will cost him considerably more than the fixed penalty.
The idea of a fixed penalty is that guilt is admitted and the penalty paid without the need for administration. If, as you suggest, he was not disorderly then he should refuse the offer of a fixed penalty and instead opt for a court hearing where he should plead Not Guilty. A trial will then be needed and he will be given all the evidence against him.
If he is found guilty it will cost him considerably more than the fixed penalty.