Search Record expenses 921/2024

FOI Reference: 921/2024

Request:

Constables of the Dyfed Powys Constabulary are granted powers to search individuals for incriminating items where there is reasonable suspicion that a crime has been, is being or about to be committed. These searches are permitted under the following legislation:

Section 1 of the Police and Criminal Evidence Act 1984

Section 23 of the Misuse of Drugs Act 1971

Section 60 of the Criminal Justice and Public Order Act 1994

Immediately on completion of the search, the searched individual is entitled in law to a copy of the ‘Search Record’ which will contain all details specified within the Police and Criminal Evidence Act, such as the reasoning for the search of specific items, etc. Should this search report not be made available at the time of the search due only to emergency situations, the individual may be required to collect the search record from a Police Station.

It is recognised that Dyfed Powys Constabulary currently operate only three manned police stations within the County of Powys, at Brecon, Llandrindod Wells and Newtown, each of which are approximately 30 miles apart.  This paucity of service may require a round trip of up to 50 miles for an individual to fulfil their entitlement to a search record.

Under the provisions of the Freedom of Information Act 2000, please provide me with the recorded information which would allow an individual who has been subject to the circumstances described above, to claim reimbursement of travelling expense in order collect the search record to which they are entitled and have been denied.                                             

----------------------------------------------------

Response:

Unless there are exceptional circumstances making it impractical to do, a search record should be prepared at the time of search.  The record (s3PACE) can be available to the person for 3 months; under s60 CJPOA the person can request a statement confirming their search for up to 12 months.

If a search record isn’t provided at the time, there are more straightforward means of getting it to the person on request – such as via the postal service or email. 

It is hard to conceive of a situation which wouldn’t be resolved by either of these means and for these reasons I would suggest DPP resists claims for travel expenses for collecting a search record.

However, If travel was required a person is entitled to claim expenses under the principle that claimants may recover all reasonable expenses incurred.The claimant must ensure that the expenses are reasonable, [see above] and typically, the cost of public transport is recoverable unless it is deemed excessive, such as travelling first class without justification. Receipts should be kept, and mileage costs can be calculated using the HMRC mileage rate of 45p per mile.

Please also see the Force website concerning  the Stop Search Process where it provides information concerning e-mail under the section ‘What you’ll be given’ @ The stop and search process | Dyfed-Powys Police

(This is a response under the Freedom of Information Act 2000 and disclosed on 25/10/2024)