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Legal matters

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What does this mean?

6 replies

mytimewillcome · 22/06/2016 20:15

I going to a hearing to try and get a non moleststion order and I've been sent a letter from the deputy district judge via the court asking 'Has the applicant made a section 7 (2) data protection act 1998 request to the police? The court does not have jurisdiction to make the order sought and in any event the police are entitled to make representations. Is it saying that I need get information about an incident that I have mentioned from the police or is it saying that they can't give me the non molestation order? Or is it saying something else? Thanks.

OP posts:
MrsBertBibby · 22/06/2016 23:07

A s7 (2) request is simply a written request to whoever has the data or record to let you have it. I assume your statement mentions what the police have done?

It's hard to say without reading your application.

Are you asking the court to order the police to do anything specific?

mytimewillcome · 23/06/2016 10:21

Thank you for replying. I haven't asked the court to ask the police anything. I have mentioned a incident with the police attending my house after a false allegation was made against me. Could that be what they are asking me to do? Get the police report on that? The respondent has however made a couple of applications to the police for reports. Could they be confused?

OP posts:
mytimewillcome · 23/06/2016 10:49

I have mentioned a couple of crime reference numbers. Could that be what they are asking for? The police reports for those?

OP posts:
MrsBertBibby · 23/06/2016 19:44

Quite possibly. Judges ain't what they used to be.

Try to get hold of the relevant force's data protection people, they should be able to help.

Can you not get a solicitor? The government do like to claim all dv victims can get legal aid.

mytimewillcome · 23/06/2016 22:33

Thank you for responding. I'm getting a barrister only to save costs. I can't get legal aid. I've contacted the police data people. The other thing I don't understand is that I was told that I couldn't submit any more evidence after a certain date (it's passed) so I'm not sure why the judge is asking me this.

OP posts:
Girlgonewild · 25/06/2016 20:37

"The court does not have jurisdiction to make the order sought and in any event the police are entitled to make representations"

It implies what you asked from the court was an order for the police to disclose data and it seems to be saying instead you should ask the police for that data directly BUT I cannot see how you have applied for an order about disclosure of data. If you had applied to the court to force the police to give you copies of something the judge is saying the police have a right to be there to put their objections. But none of that makes sense if what your application says is you are applying for a non molestation order. Did you write to the court or judge asking for some kind of documents?

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