FOIA request to the Metropolitan Police regarding the Seriouus Organised Crime and Police Act 2005 Designated Area around Parliament Square - applications and authorisations to demonstrate, arrests and charges for July and August 2005, when the powers to demand written prior permission and arbitrary conditions on any , ill defined "demonstration", within a large area around Parliament Square, came into force.
The Metropolitan Police are not a Central Government Department, so some of the Freedom of Information Act Exemptions which the likes of the Home Office or the Treasury routinely invoke do not apply.
"Freedom of Information Act Request,
Public Access Office
New Scotland Yard
10 Broadway
London
SW1H 0BG
Friday 2nd September 2005
Copies sent by email to: new.scotland.yard@met.police.uk and
mps.publicationscheme@met.police.uk(there does not appear to be a simple "foi@met.police.uk" email address to which Freedom of Information Act Requests can be sent)
Freedom of Information Act 2000 formal Request for Information
Dear Sir or Madam,
Please provide me with the following information, regarding the new Serious Organised Crime and Police Act Designated Area sections 132 to 138, which restricts demonstrations in the vicinity of Parliament, which came in to force on the 1st July and 1st August 2005:
Q1) How many written notifications for application of an authorisation to demonstrate within the Designated Area, under the Serious Organised Crime and Police Act 2005 section 133" Notice of demonstrations in designated area", were received by the Commissioner of Police for the Metropolis in July 2005 ?
Q2) Similarly, how many written notifications for application of an authorisation to demonstrate within the Designated Area, under the Serious Organised Crime and Police Act 2005 section 133" Notice of demonstrations in designated area", were received by the Commissioner of Police for the Metropolis in August 2005 ?
Q3) Please provide , if possible, a breakdown of, how many of these written applications came in
Q3a) via Royal Mail Recorded Delivery,
Q3b) by hand at Police Station,
Q3c) How many such written applications made use of Form 3175A ?
Q4) Please provide, if possible, statistics of how long it took for written notifications to be sent by or on behalf of the Commissioner, as laid down in Section 134 of the Serious Organised Crime and Police Act 2005.
Q5) How many such authorisations,, which the "Commissioner must give authorisation for", are still outstanding as of 1st September 2005 ?
Q6) Arrests
How many People have been Arrested, on what dates, and at which locations within the Designated Area e.g. Parliament Square itself, or elsewhere within the Designated Area, or outside of the Designated Area, under:
Q6 a) section 132(1)(a) ?
"organises a demonstration in a public place in the designated area"Q6 b) section 132(1)(b) ?
" takes part in a demonstration in a public place in the designated area,"Q6 c) section 132(1)(c) ?
"carries on a demonstration by himself in a public place in the designated area,Q6 d) section 134(7)(a) ?
"knowingly fails to comply with a condition imposed"Q6 e) section 134(7)(b) ?
"knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation"Q6 f) section 135(3) ?
"A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence."Q6 g) section 136(4) ?
"A person who is guilty of the offence of inciting another"Q6 h) section 137(4) ?
"A person who operates or permits the operation of a loudspeaker in contravention of subsection (1)"Q7) Similarly, how many People have been Charged, on what dates, and at which locations within the Designated Area e.g. Parliament Square itself, or elsewhere within the Designated Area, or outside of the Designated Area, under:
Q7 a) section 132(1)(a) ?
"organises a demonstration in a public place in the designated area"Q7 b) section 132(1)(b) ?
" takes part in a demonstration in a public place in the designated area,"Q7 c) section 132(1)(c) ?
"carries on a demonstration by himself in a public place in the designated area,Q7 d) section 134(7)(a) ?
"knowingly fails to comply with a condition imposed"Q7 e) section 134(7)(b) ?
"knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation"Q7 f) section 135(3) ?
"A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence."Q7 g) section 136(4) ?
"A person who is guilty of the offence of inciting another"Q7 h) section 137(4) ?
"A person who operates or permits the operation of a loudspeaker in contravention of subsection (1)"--------------------------------------
References to legislation:
Serious Organised Crime and Police Act 2005: Part 4 PUBLIC ORDER AND CONDUCT IN PUBLIC PLACES ETC.
Demonstrations in vicinity of Parliament
132 Demonstrating without authorisation in designated area
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#132133 Notice of demonstrations in designated area
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#133134 Authorisation of demonstrations in designated area
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#134135 Supplementary directions
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#135136 Offences under sections 132 to 135: penalties
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#136137 Loudspeakers in designated area
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#137138 The designated area
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#138Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005
http://www.opsi.gov.uk/si/si2005/20051537.htm--------------------------------
Please provide the information ideally, by publishing it on your public world wide website, or alternatively by email.
In the unlikely event that this information is not already available in a standard electronic format, then please explain the reasons why, when you provide the information in another format.
If you are proposing to make a charge for providing the information requested, please provide full details in advance, together with an explanation of any proposed charge
If you decide to withhold any of the information requested you should clearly explain why you have done so in your response, by reference to the Freedom of Information Act 2000 legislation.
If your decision to withhold is based upon an evaluation of the public interest, then you should clearly explain which public interests you have considered, and why you have decided that the public interest in maintaining the exception(s) outweighs the public interest in releasing the information.
I look forward to receiving the information requested as soon as possible and in any event, within 20 working days of receipt. i.e. by Friday 30th September 2005
Thank you in advance for your assistance.
If you require any clarification of this request please contact me as soon as possible.
Yours sincerely
[name]
[address]
[email]"
