ChatterBank1 min ago
CCTV legally what can I do
17 Answers
I have the misfourtune of being attacked by an off duty policeman in a pub (who was out drinking) basically this chap has lied and he stated that I hit him-- believe it or not it was the other way round and I have been charged with this offence.But the CPS have stated that I cannot have access to the CCTV of the night as they are not relying on it in their proscecution. Basically I need to get my hands on it to prove my innocence and get the copper sued at the same time...any suggestions?
Answers
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Yes. You should be able to acquire the CCTV footage from the original source just as the CPS presumably did before realising it wasn't helpful to their case, by completing a subject data access request from the relevant data controller - the landlord or brewery perhaps. Under the Data Protection Act the owner/user of the CCTV must provide notices in prominent places where CCTV is being used with the telephone number to contact in order to view/acquire the images.
the sad thing is that I have a solicitor and in fairness to the chap he argued that we should be able to see it and the CPS said no way...and the solicitor for the magistrate confirmed this ... the law is an ass and if there is one thing I have learnt is that you cannot trust the law. or for that matter the police ....hey ho ...my solicitor states that we will have to make another application to the magistrates to ask that the CPS release the CCTV I know that it is exsists and that they may have changed it....wish me well because if I do get my hands on it look out for me on the telly .......
Find out who is responsible for the CCTV. (The publican? The brewery company? The council?).
Then write a letter to to the relevant person or body. (If you don't know a name, address the letter to 'The Data Controller (CCTV)". State that, under your rights defined by the Data Protection Act 1998, you require them to provide you with a copy of the recording within 40 days. Enclose a cheque, payable to the relevant person/body for �10. (The maximum fee that a data controller can charge is �10. In practice, it's the only fee which is ever charged). Give as much information as possible, so that the relevant recording can be readily identified.
It's your legal right to have a copy of any CCTV recording which shows you, so you must be provided with the evidence you require.
This leaflet has a standard form which you can copy/modify. (It's designed for accessing computer data but it's just as valid for CCTV).
http://www.ico.gov.uk/upload/documents/library /data_protection/practical_application/subject _access_-_guide_for_data_subjects.pdf
Alternatively, the form used by Hampshire County Council for CCTV is here:
http://www.hants.gov.uk/pdf/dataprotection/sub ject-access-cctv.pdf
(Once again you can modify it to meet your needs but you don't need any form. A letter will do just as well).
Chris
Then write a letter to to the relevant person or body. (If you don't know a name, address the letter to 'The Data Controller (CCTV)". State that, under your rights defined by the Data Protection Act 1998, you require them to provide you with a copy of the recording within 40 days. Enclose a cheque, payable to the relevant person/body for �10. (The maximum fee that a data controller can charge is �10. In practice, it's the only fee which is ever charged). Give as much information as possible, so that the relevant recording can be readily identified.
It's your legal right to have a copy of any CCTV recording which shows you, so you must be provided with the evidence you require.
This leaflet has a standard form which you can copy/modify. (It's designed for accessing computer data but it's just as valid for CCTV).
http://www.ico.gov.uk/upload/documents/library /data_protection/practical_application/subject _access_-_guide_for_data_subjects.pdf
Alternatively, the form used by Hampshire County Council for CCTV is here:
http://www.hants.gov.uk/pdf/dataprotection/sub ject-access-cctv.pdf
(Once again you can modify it to meet your needs but you don't need any form. A letter will do just as well).
Chris
The Police will still have the tape or disc.
ALL EVIDENCE, whether forming part of the prosecution case or not will be in the same police file.
If the evidence is not used it will merely form part of "an unused schedule" of evidence.
However, it is daming to the prosecution case it may be in a confidential schedule as it will be deemed to undermine the case for.
Finally, do not rely solely on the CCTV evidence. Unless the camera was focused and pointing at the incident, there is little that can be used. Also 99.9 of them do not record verbals or atmosphere so one does not get the entire picture.
ALL EVIDENCE, whether forming part of the prosecution case or not will be in the same police file.
If the evidence is not used it will merely form part of "an unused schedule" of evidence.
However, it is daming to the prosecution case it may be in a confidential schedule as it will be deemed to undermine the case for.
Finally, do not rely solely on the CCTV evidence. Unless the camera was focused and pointing at the incident, there is little that can be used. Also 99.9 of them do not record verbals or atmosphere so one does not get the entire picture.
thanks this I know it is not the verbal but the actual offence as I actually did not hit anyone and I was the one that was beaten up by the police officer then that is what I am after...the narative I am not too concerned about and why would it be confidential ...fair trial and public interest spring to mind ...as I said the law is an ass ..and how much is this farace costing the tax payer
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