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15 November 2016 – 733.2016-17 – Recordable Conduct referral made by the North Yorkshire Police and Crime Commissioner’s Chief Executive, to the IPCC

Request:

Following a hearing at the Court of Appeal on 18th March, 2015 concerning a rape, false imprisonment and sexual assault case investigated by North Yorkshire Police, and prosecuted at Teesside Crown Court in March 2014 (following lengthy delays from December 2012), judgment was handed down on 21st April. 2015. It can be read in full here: 

http://www.bailii.org/ew/cases/EWCA/Crim/2015/662.html 

The Lord Chief Justice was blistering in his condemnation of, amongst others, the Chief Constable of North Yorkshire Police. He described the force’s conduct as ‘reprehensible’. 

The disclosure defects that led to the original trial being stopped were described as the “worst the trial judge, in 50 years as an advocate and senior judge, had ever seen”. 

One of the victims was a serving North Yorkshire Police PCSO at the time of the assaults.

 Accordingly, can you please provide the following information: 

  1. A copy of the Recordable Conduct referral made by the North Yorkshire Police and Crime Commissioner’s Chief Executive, to the IPCC, concerning either (or both of) the Chief Constable’s or T/Chief Constable’s misconduct as highlighted by the Lord Chief Justice. 
  1. Details of the mode of investigation decision made by the IPCC and provided to NYPCC. 
  1. Operational codename given to the investigation (eg Cabin, Essence). 
  1. Copy of the Terms of Reference. 
  1. Name of the Gold Commander. 
  1. Copy of the Investigation Outcome. It is accepted that this will be redacted to exclude personal information. 

Further correspondence;

It is now apparent, from public disclosure made earlier today by the IPCC, that there was no recordable conduct referral arising from the Lord Chief Justice’s comments in R -v- DS & TS. 

https://www.whatdotheyknow.com/request/recordable_conduct_matters_refer#outgoing-594023

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within the North Yorkshire OPCC.

I can confirm that the information you have requested is held by the North Yorkshire OPCC.  

Decision

I have today decided to disclose the located information to you.

1) I can confirm that there was no Recordable Conduct Referral made by the North Yorkshire Police and Crime Commissioner’s Chief Executive, to the IPCC, concerning the alleged matter outlined above.

2 – 6) Not applicable, please see the answer to question 1.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.