We have just made a Freedom of Information request to Her Majesty's Courts and Tribunals Service (HMCTS) on the subject of TV Licensing search warrants.
Contrary to what the BBC and TV Licensing would have people believe, the use of search warrants is neither widespread nor common. If TV Licensing plays by the rules, there are certain legal hoops it needs to jump through before applying for a warrant. Information gleanedfrom a previous Freedom of Information request reveals that Sheffield Magistrates' Court, the busiest court in South Yorkshire, granted a total of only SIX warrants in 2011, 2012 and 2013.
HMCTS has previously responded to a similar request, so there is no reason why they shouldn't respond again (notwithstanding the fact that the BBC is known to nobble them). We would appreciate the help of our readers in making similar requests relating to their local courts.
The Freedom of Information Act 2000 is both applicant and purpose blind: this means that anyone can request information from a public authority for whatever reason they like, even if a similar (or identical) request has been made by someone else previously.
If you live in England or Wales, here's how you can help:
- Look at this list of Magistrates' Courts used by TV Licensing. Choose the court nearest to your home.
- Sign up to WhatDoTheyKnow.com or use an existing account there.
- Scroll to the HMCTS page and make a new request to them.
- Copy and paste the request text below. Be sure to insert the name of the relevant court and your own name.
- Send your request to HMCTS.
Please note that for the request to be valid you technically have to use your real name, however, there are certain ways you can disguise your name if you want to.
Someone with the name "Alan Robert Jones" could use that full name, the name "A. R. Jones" or the name "A. Jones". Women can sign the request in their maiden name if they prefer.
If you choose not to provide your real name the request will probably still be processed, but you will not be able to complain to the information watchdog (the ICO) if you are dissatisfied with the response you receive.
Text of request:
Dear Her Majesty’s Courts and Tribunals Service,
I am making this request under the terms of the Freedom of Information Act 2000.
This request only relates to information held by [Insert Name] Magistrates' Court since 1st January 2011.
Please provide me with the following information:
1. The number of search warrant applications made by employees of the BBC/TV Licensing/Capita Business Services Ltd in accordance with Section 366 of the Communications Act 2003.
2. Of those applications, the number granted or refused.
3. Of those applications granted, the number with information laid to the effect that detection/detector van evidence had been (allegedly) obtained by the BBC/TV Licensing/Capita Business Services Ltd.
HMCTS has previously released similar information (your ref: FOI/86722) so I trust will have no problem doing the same again, notwithstanding the BBC/TV Licensing's probable future attempts to deter/hamper your efforts.
Yours faithfully,
I am making this request under the terms of the Freedom of Information Act 2000.
This request only relates to information held by [Insert Name] Magistrates' Court since 1st January 2011.
Please provide me with the following information:
1. The number of search warrant applications made by employees of the BBC/TV Licensing/Capita Business Services Ltd in accordance with Section 366 of the Communications Act 2003.
2. Of those applications, the number granted or refused.
3. Of those applications granted, the number with information laid to the effect that detection/detector van evidence had been (allegedly) obtained by the BBC/TV Licensing/Capita Business Services Ltd.
HMCTS has previously released similar information (your ref: FOI/86722) so I trust will have no problem doing the same again, notwithstanding the BBC/TV Licensing's probable future attempts to deter/hamper your efforts.
Yours faithfully,
[Insert Name]
