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Misuse of police powers?

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wizzzard
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PostPosted: 10:51 - 17 Nov 2015    Post subject: Misuse of police powers? Reply with quote

Since there isn't a forum called Ask Roger I'll stick this question in here.

Say you had a person who's past was chequered with a little wrongdoing here and there of the criminal variety and say this person met a woman who's brother happened to be a police officer.
If said brother used his position to go through the persons background and pass the information on to his sister and his parents would that be against the law and is there any way of proving that he accessed this information? Do officers have to log their numbers for instance when doing background checks?

The woman and her parents knew something about a specific incident that nobody at all other than the police knew and it has been used to stop the fella renting a house.

The crimes were all fighting related ( stupidity of youth) not sexual / theft and the like.
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RhynoCZ
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PostPosted: 11:06 - 17 Nov 2015    Post subject: Reply with quote

Yes, this would be against the law. Proving the people you mentioned had the information from the police officer would be a problem. I do believe they do log into the system with their personal number of some sort, yes.

EDIT: Just building the answer on general knowledge of any legal state in the EU and knowing that people were prosecuted, in the past, for such a behaviour. (Might not 100% UK applicable)
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PostPosted: 11:23 - 17 Nov 2015    Post subject: Reply with quote

Yep, PNC access is logged and officers have to be able to justify the checks they make against it.

It's a job loser if they abuse it.
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ScaredyCat
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PostPosted: 11:35 - 17 Nov 2015    Post subject: Reply with quote

The landlord can run a DBS (CRB) check on him however he'd must fill out a form with his details on it, would need to be notified of it and would have to prove his identity too for this to be legal.

For old convictions (was he convicted?) - cautions and conditional cautions are not criminal convictions.

The following sentences become spent after fixed periods from the date of conviction.

If over 18 at the time of conviction

Prison sentence (including suspended sentences)– 6 mths to 2.5 yrs :: 10 yrs
Prison sentence (including suspended sentences)– 6 mths or less :: 7 yrs
Fines, probation, compensation, community service, reparation orders, curfew orders :: 5yrs
Absolute discharge :: 6 mths


if under 18 at the time of conviction

Prison sentence (including suspended sentences)– 6 mths to 2.5 yrs :: 5 yrs
Prison sentence (including suspended sentences)– 6 mths or less :: 3.5 yrs
Fines, probation, compensation, community service, reparation orders, curfew orders :: 2.5 yrs
Absolute discharge :: 6 mths


Custodial sentences* of more than two and a half years never become spent.


If he hasn't filled out any of this paperwork then you could probably prove that the landlord had done something illegal


The underlying question is that if they've done this and they think he's dodgy - he'll be getting the blame anything that happens in the house/flat, because "crim aint he". Might be better to find somewhere else to live.
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Rogerborg
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PostPosted: 12:28 - 17 Nov 2015    Post subject: Reply with quote

Joe wrote:
Yep, PNC access is logged and officers have to be able to justify the checks they make against it.

It's a job loser if they abuse it.

That. PNC and Force systems are all audited out the wazoo. This is made perfectly clear to users and yet they will keep doing it.

A complaint to the copper's force should go straight to Professional Standards, they'll trawl the log and the carpeting will commence.

Be aware that it is possible that he'll be out on his ear, so consider his potential reaction to that.

Contact details can be had via:

https://www.ipcc.gov.uk/complaints
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wizzzard
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PostPosted: 12:56 - 17 Nov 2015    Post subject: Reply with quote

Very much what I was hoping to hear thank you all muchly.

As far as the rented property goes he's not pursuing that as it's someone else's house and their choice whether they want him there or not.

I think he will be taking this further and I'll be advising him to purely on the grounds that's one more authority figure who thinks he's above the law taken down a peg.

Update will follow assuming we aren't both fitted up and banged up for ten years just after the complaint goes in Very Happy
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chris-red
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PostPosted: 13:07 - 17 Nov 2015    Post subject: Reply with quote

Hands up who wouldn't do it if they were this girl's brother...
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RhynoCZ
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PostPosted: 13:23 - 17 Nov 2015    Post subject: Reply with quote

chris-red wrote:
Hands up who wouldn't do it if they were this girl's brother...


Using my authority the stupidest way possible leaving indisputable evidence of me doing it via my work computer, using my specific log in and password to risk my own job and quite possibly prosecution? All that just for a bit of inessential info.

Let me think about this one, well I would not.
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Rogerborg
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PostPosted: 14:08 - 17 Nov 2015    Post subject: Reply with quote

chris-red wrote:
Hands up who wouldn't do it if they were this girl's brother...

Don't leave a brutha hangin' Hand
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blueglue
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PostPosted: 14:17 - 17 Nov 2015    Post subject: Reply with quote

Yeah my old boss got sacked for doing it. Did not end well though.

https://www.dailymail.co.uk/news/article-2234005/Former-police-inspector-Toby-Day-strangled-wife-year-old-daughter-stabbing-kitchen-knife.html

I used to get requests from the professional standards department all the time. You could get six requests in a week or non for several months. Generally you were informed after you were investigated what they were investigating (not by who though, so don't worry in that respect).
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blueglue
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PostPosted: 14:24 - 17 Nov 2015    Post subject: Reply with quote

on a side note please bear in mind Sarah and Clares Law.
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wizzzard
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PostPosted: 15:07 - 17 Nov 2015    Post subject: Reply with quote

blueglue wrote:
on a side note please bear in mind Sarah and Clares Law.


Thank you for the example with the story.
As stated it was drunken brawlery with like-minded idiot drunks so not sure about the relevance of Sarah's law.
From the very quick read of Clare's law it seems to suggest that a person can ask about their partners past which she most certainly didn't do in this instance.

https://i.dailymail.co.uk/i/pix/2012/11/16/article-2234005-160F1346000005DC-646_308x425.jpg
That smile though. Definitely unhinged Laughing
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iooi
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PostPosted: 16:01 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

wizzzard wrote:


The woman and her parents knew something about a specific incident that nobody at all other than the police knew and it has been used to stop the fella renting a house.
.


You are stating/implying that ONLY him & the police were involved...

Quote:
As stated it was drunken brawlery with like-minded idiot drunks


So that opens it to to any of the parties spouting off to anyone else....

A very large difference Rolling Eyes

So it could be someone over heard some drunken idiot mouthing off about it in the pub etc and word getting back to the other party.

Never mind the fact that the landlord may have run his own CRB.

I would be very careful slinging mud around when you can't be 100% sure that the information did not come from elsewhere.
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Rogerborg
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PostPosted: 16:19 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

iooi wrote:
I would be very careful slinging mud around when you can't be 100% sure that the information did not come from elsewhere.

Audit logs exonerate just as well as they incriminate.
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pepperami
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PostPosted: 16:28 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

wizzzard wrote:
police officer.
used his position to go through the persons background and pass the information on, that be against the law, proving that he accessed this information? officers have to log their numbers for instance when doing background checks?

The woman and her parents knew something about a specific incident that nobody at all other than the police knew and it has been used
.


All I have done is taken out some of your own words , maybe your answer is in your own question Thumbs Up Thinking
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wizzzard
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PostPosted: 16:29 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

iooi wrote:


So that opens it to to any of the parties spouting off to anyone else....

A very large difference Rolling Eyes

So it could be someone over heard some drunken idiot mouthing off about it in the pub etc and word getting back to the other party.


Perhaps my fault for not being clearer but the incidents all happened a considerable distance away from their area and with people that have absolutely no connection with them in any shape or form. No friend nor relative of the man has any knowledge of the incident from him and no access to that information without a beyond ridiculous series of events.
iooi wrote:
Never mind the fact that the landlord may have run his own CRB.

I would be very careful slinging mud around when you can't be 100% sure that the information did not come from elsewhere.


The womans mother stated clearly that her police officer son could and would do said checks and had done it before. The landlord was informed by the womans mother through her own admission. She gloated about this.

Were I not as close to 100% sure as it's possible to be I wouldn't be asking the question Rolling Eyes
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iooi
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PostPosted: 16:43 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

wizzzard wrote:

Were I not 100% sure I wouldn't be asking the question Rolling Eyes


So just what question are you asking?

As everyone knows any access to computer systems will be logged especially in a sensitive area such as the police.
To protect the innocent and condemn the guilty.

Old News
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Last edited by iooi on 17:32 - 17 Nov 2015; edited 1 time in total
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c_dug
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PostPosted: 17:01 - 17 Nov 2015    Post subject: Reply with quote

Clearly he was asking whether it was against the law for them to do so, as given away by the part where he asked if it was against the law for them to do so.

wizzzard wrote:
would that be against the law

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wizzzard
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PostPosted: 17:01 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

iooi wrote:


So just what question are you asking?

As everyone knows any access to computer systems will be logged especially in a sensitive area such as the police.
To protect the innocent and condemn the guilty.


Also probably my own rose tinted world view but when you're dealing with people who should be trusted it isn't so obvious that every single enquiry is logged.
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CyrilSwan
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PostPosted: 17:32 - 17 Nov 2015    Post subject: Reply with quote

blueglue wrote:


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Islander
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PostPosted: 20:23 - 17 Nov 2015    Post subject: Reply with quote

chris-red wrote:
Hands up who wouldn't do it if they were this girl's brother...


There isn't a raised hand emoticon, but count me as one.
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Rogerborg
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PostPosted: 21:24 - 17 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

wizzzard wrote:
when you're dealing with people who should be trusted it isn't so obvious that every single enquiry is logged.

Every search, every view, every edit. No exceptions for anyone ever.

https://aknextphase.com/wp-content/uploads/2014/06/Trust-No-One1.jpg
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STONEY!
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PostPosted: 10:45 - 18 Nov 2015    Post subject: Reply with quote

With regards to how long things are stored for on the PNC I can tell you that at least in my case it appears to be NEVER lol

It was Halloween, I was 14 and after a few drinks and a bit of a smoke of the herbal variety, a few of my friends and I thought it would be a good idea to start the trick or treating early, namely by robbing pick and mix from the local woolworths.

I got a little cocky and tried to leave the store with pretty much the complete contents of the pick and mix stand. shortly after making my exit I was collared by a plain clothes security guard and dragged back to the security office.

The police where called and I got a bit of a stern talking to, just a verbal warning and that was that or so I thought.

Fast forward 3 years later and I get pulled over on my Cagiva Mito for having no L plates (not quite true I had them mounted upside down diagonally on the front and side of the bike to look like race number 7's). The police where ready to throw the book at me (race pipe, unrestricted, bigbore kit etc) but when the checked my history on the computer they both burst out laughing.

It turns out that halloween when I was 14 they did make a record of me and it has stuck there since........

According to the PNC I have green skin, red eyes, black and silver hair, purple fingers and a big scar on my forehead!
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J.M.
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PostPosted: 11:18 - 18 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

wizzzard wrote:
Perhaps my fault for not being clearer but the incidents all happened a considerable distance away from their area and with people that have absolutely no connection with them in any shape or form.


Though there is a proposed only Six Degrees of Separation between any two people. It's not inconceivable that the degrees of separation in this case are significantly less, and that people gossip as small talk when realising the ever so important fact that the person they've met and the person they saw in a bar fight might know each other..
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BTTD
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PostPosted: 13:14 - 18 Nov 2015    Post subject: Re: Misuse of police powers? Reply with quote

J.M. wrote:
Though there is a proposed only Six Degrees of Separation between any two people. It's not inconceivable that the degrees of separation in this case are significantly less, and that people gossip as small talk when realising the ever so important fact that the person they've met and the person they saw in a bar fight might know each other..


I don't buy the whole 6 degrees rubbish, I'd suspect very strongly that it was the family copper who flexes the rules when he likes.

Especially when the woman has stated that her son would do exactly that. I'd say that's grounds enough to raise the query with the IPCC or whatever body it is Rog linked to above.
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