
The blog entry below relates to an illegal arrest and breach of PACE by West Yorkshire Police. Even by the low standards of that force this is a shocker.
This blog entry also relates to a effort to hide information by Plodโs Right of Access dept. and a clear effort to deceive by West Yorkshire Police Professional Standards dept.
The last two offences were exposed by the active intervention of The Information Commissioner’s Office (ICO) who have forced police to produce documents Plod has spent the best part of a year trying to hide precisely because they prove misconduct in public office.
The background to the complaint is related to an ultra vires arrest of myself on 22nd of May 2020 without legal justification or reasonable grounds. Hereโs a little background:
In May 2020 I was sent in error documents and data intended for the Metropolitan Police. This data concerned Proceeds of Crime Act proceedings against an individual living in Kent and was sent to me accidentally by The Ministry of Justice.
The data amounted to a significant data breach containing as it did many personal and financial details for this man. Given the seriousness of this I informed The Information Commissioner’s Office that a significant data breach had taken place.
Four days later I was arrested by West Yorkshire Police on the request of The Ministry of Justice under allegations that I myself had breached The Data Protection Act.
This is of course not true. Emails obtained from the Data Security Manager at HMCTS Liverpool state that they intend to have me arrested โto give him a shockโ following my referral of this matter to ICO. And of course the matter was not pursued beyond the inconvenience of arrest.
This arrest also resulted in the removal of electronic devices from my home containing legally privileged, legally professionally privileged and litigation privileged materials stored electronically on those devices. This is a breach of PACE 19.6. The subsequent examination of the contents of these devices by digital forensics officers at West Yorkshire Police without triage of the privileged contents amounts to a breach of common law, which Plod then tried to hide.
As you might expect from the generally inept nature of this force the efforts to hide the data on this illegal examination resulted in the eventual revelation of misconduct in public office.
A complaint about the illegal arrest was made to West Yorkshire Police Professional Standards (PSD) in June 2020.
Part of the response to this dated 14.8.21 from the reliably evasive PC Vicky Silver at West Yorkshire Police PSD states:
The devices which were seized from your home were booked into property stores under crime reference 13200256161 and itemised to be โNokia Mobile phoneโ Exhibit reference DMW1 and a โHP Laptopโ Exhibit reference DMW2, seized devices were booked into property with the intention for these to be examined, upon the MoJ being informed of the process and timescales involved they requested no further action be taken and for your devices to be returned. PS Shand confirmed no examination took place on your devices and they were not examined, nor switched on whilst in Police possession. The records held show the devices were only removed from property stores in order to affect their return to yourself.
Much of the above was a lie. The most significant elements of which West Yorkshire Police have now been caught out on.
PS Shand refers to Police Sgt. Anthony (Tony) Shand. The disclosures forced by ICO show that his testimony to PSD regarding the devices not being digitally examined was a lie.
The Information Commissioner’s Office has been involved in a data access request made to Right of Access at West Yorkshire Police from August 2020. This request was originally made 27.8.20.
West Yorkshire Police Right of Access dept. has ever since been attempting to withhold evidence such as radio traffic, CCTV footage and the record of what happened to the electronic devices when in police custody.
The below is an extract from a Right of Access dept. letter to me dated 5.3.21. It can be seen that both the image showing the property record is cropped and they also deny the items were taken out of the property store for digital examination.

ICO as Right of Access departmentโs professional regulator has made an active intervention and compelled the release of documents from West Yorkshire Police which were previously withheld.
These documents show the booking out of the electronic devices when in the property store for digital forensic examination, thus breaching common law, as of course legally privileged materials were stored on them. The version seen above was cropped to hide the removal of the devices for examination, breaching common law in so doing.
A copy of the most recent disclosure showing the data which ICO forced police to disclose is below. This shows data wholly contrary to what was stated in the PSD complaint response, seen above, of August 2020 and Right of Access departmentโs response of March 2021. The devices clearly were removed on the dates shown for digital forensic examination. Below is seen the unedited version of the property record – that shown above was edited by Right of Access dept. to remove incriminating data.


On this basis PS Tony Shand in his testimony to PSD and PC Vicky Silver both sought to purposefully mislead in the response to the complaint made.
Right of Access dept. also sought to mislead in their response to me of March 2021 and further edited the property record by cropping out the incriminating data.
Both departments and individuals at West Yorkshire Police have stated things that they know to be untrue in an effort to avoid professional embarrassment, an allegation of misconduct in public office and the breaching of Common Law in relation to privileged material on the electronic devices. There is also the breach of PACE 19.6 in the removal of the devices from my home.
Right of Access dept. attempted to withhold the relevant document until instructed by their professional regulator ICO to release the information. Indeed an examination of the images on this page shows that they deliberately cropped the first disclosure sent to me in March 2020 to hide data. This amounts to a breach of S.77 of FOI 2000 by West Yorkshire Police as there has been a purposeful effort to hide relevant data. This is a criminal offence under the relevant Act.
That there existed significant opportunity for WYP to produce the relevant data prior to ICO intervention but they avoided doing so to try to hide misconduct in relation to the electronic devices.
The purpose of withholding the data was to avoid professional embarrassment to West Yorkshire Police over a breach of Common Law in the retention and examination of legally privileged material contrary PACE 19.6 and the seizure and retention of the same without a warrant.
It is now clear from the disclosure made as the result of pressure from ICO that West Yorkshire Police has not only committed purposeful misconduct in public office over the seizure, retention and examination of legally privileged material without a warrant but also that they have attempted to cover this up by wholly misleading statements in the complaint response and the subsequent effort made to hide disclosure requested.
Had ICO not forcibly intervened in this matter then the degree of misconduct and breach of legally privileged material would have remained hidden.
Given that they lie so glibly over such a serious matter none of the other assertions made by West Yorkshire Police Professional Standards dept. in any complaint response can be trusted to be factual and truthful.
As anyone who has ever dealt with that department will be aware!



















