Search Warrants (5554_14)
- a) How many Warrants to enter and search premises for evidence of an indictable offence issued by a Magistrates Court under Section 8 (and 15) of the Police and Criminal Evidence Act (1984) were carried out by West Midlands Police between 01/01/2013 and 31/12/2013?
- b) Where a premises identified under the warrant is large and an extensive search likely, do West Midlands Police have a standard procedural process where they will make an immediate arrest on arrival in order not to delay the authorising of a suspect’s detention and custody whilst such an extensive search of a large premise is undertaken.
- c) If a there is a standard procedural process for immediate arrest on arrival at a premises under a Section 8 (and 15) Warrant based on the size of that premises and therefore the scope of the search, how many times between 01/01/2013 and 31/01/2013 did this procedural process result in an immediate arrest on arrival at the premises identified in the warrant.
Our data are not organised in such a way as to allow us to provide this information. Data for question a) is not centrally collated. Therefore to find the number would require a manual search to see what data is held. Please note that researching each individual case in this way would exceed the appropriate limit (FOIA, s.12 (1)).
This means that the cost of compliance with your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12 of the Freedom of information Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.
A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with Section 1(1), give the applicant a notice stating that fact. In accordance with the Freedom of Information Act 2000, this letter acts as a refusal notice.
Unfortunately, due to the volume of data involved I am unable to suggest a way in which you can refine your request so that meaningful data can be extracted within the 18 hour time frame allowed for location and retrieval of information.
I can tell you that there is no standard procedure with respect to questions b and c. It depends entirely on the circumstances. The warrant allows search not arrest. The arrest comes from reasonable suspicion which can be established prior to or during course of warrant execution.