Met photos breached human rights

A police decision to retain photographs of two crime suspects who were never charged has been declared a breach of human rights in a landmark High Court ruling.

Two judges ruled as "unlawful" the Metropolitan Police policy on custody photographs, which is based on the Home Secretary's code of practice on the management of police information and related guidance.

The ruling was won by two applicants referred to as RMC and FJ, who must not be identified for legal reasons.

RMC is a 60-year-woman from Chelsea, who five years ago was arrested on suspicion of assault and had DNA samples, fingerprints and photographs taken.

The Crown Prosecution Service decided not to charge her with assaulting a community support officer who had stopped her riding a cycle on a footpath, but the Metropolitan Police refused the "distressed" woman's request to destroy her records.

In the second case, FJ, a 12-year-old boy from Peckham, was arrested on suspicion of rape of his second cousin after voluntarily attending a police station for questioning in April 2009. No charges were brought after a third party witness did not confirm an offence had taken place.

During the arrest DNA was taken from FJ, now 15, along with fingerprints and photographs. The Met refused a request to destroy the material and also retained a record of his arrest and other information on the police national computer (PNC).

On Friday, Lord Justice Richards, sitting at London's High Court with Mr Justice Kenneth Parker, said: "I am not satisfied that the existing (police) policy strikes a fair balance between the competing public and private interests and meets the requirements of proportionality.

"In my judgment, therefore, the retention of the claimants' photographs in application of the existing policy amounts to an unjustified interference with their right to respect for their private life and is in breach of Article 8 (of the human rights convention).

But the judges ruled police retention of FJ's PNC record was justified and only a "small and plainly proportionate" interference with his Article 8 rights.

Officer 'gave information to press'

A serving police superintendent with City of London Police has been arrested on suspicion of passing unauthorised information to a journalist.

The officer was arrested by the Independent Police Complaints Commission (IPCC) on suspicion of misconduct in a public office.

He was arrested after Metropolitan Police officers investigating payments by journalists to public officials passed information to the IPCC.

In a statement, the IPCC said: "A serving officer of superintendent rank, from City of London Police, has today been arrested by the Independent Police Complaints Commission (IPCC) on suspicion of misconduct in public office.

"The arrest is the result of information passed to the IPCC by the Metropolitan Police Service team investigating Operation Elveden. It relates to the alleged passing of unauthorised information to a journalist. The man is currently in custody at a London police station."

In a separate development, three people were arrested by police investigating allegations of inappropriate payments to police and public officials. A 40-year-old man and 37-year-old woman were arrested in Corby, Northamptonshire, while a 31-year-old man was arrested in Croydon, Surrey.

A News International spokeswoman confirmed that one of the three individuals arrested was a Sun journalist but declined to reveal the person's identity.

The 40-year-old, a former prison officer, was arrested on suspicion of corruption, suspicion of misconduct in a public office and suspicion of money laundering offences; the woman on suspicion of aiding and abetting misconduct in a public office and suspicion of money laundering offences; and the other man on suspicion of conspiracy to corrupt and suspicion of conspiracy to cause misconduct in a public office.

The arrests bring the number of suspects held in connection with Operation Elveden to 33. Scotland Yard said the arrests are the result of information provided by News Corporation's Management Standards Committee.

Meanwhile, the Crown Prosecution Service said a Guardian journalist who admitted phone hacking will not be prosecuted. David Leigh, the paper's investigations executive editor, admitted hacking an arms company executive's phone. But the CPS said its view was that he should not be prosecuted.

Yard detectives 'took payoffs'

Three police detectives face accusations of taking illegal paymentsfrom private investigators for information in an alleged case of "apparent corruption right at the heart of Scotland Yard".

A detective inspector and two detective constables were branded "key culprits" by a lawyer describing the close links between police and a private investigations firm working on the case of Nigerian fraudster James Ibori.

Mike Schwarz, a partner at Bindmans LLP, told the Home Affairs Select Committee of possible cash payments made by Risc Management Ltd to sources of theirs who were "presumably police officers or those close to the investigation".

Risc Management was hired by the law firm representing Ibori, a former governor of one of Nigeria's richest oil-producing states who was brought to justice in London. He was jailed for 13 years last month after admitting fraud totalling nearly £50 million.

Mr Schwarz, whose firm represented one of Ibori's co-accused, told MPs: "What I have seen in that case is serious illegality on behalf of private investigators Risc Management Ltd... which involves apparent corruption right at the heart of New Scotland Yard. The core as I see it is the operation of the police and their connection with the security firm involved, the police being the Proceeds of Corruption Unit within New Scotland Yard. And the problem there is the key culprits appear to be the key players who are the the senior investigating police officer... and two of the key investigators."

Together the men "topped and tailed things" in such a way that their own apparent misconduct could not be detected "because they are in control of the information coming in, the evidence coming in, and the evidence going out," he claimed.

Mr Schwarz told MPs he had seen material submitted to the committee involving invoices from Risc Management to Ibori's solicitors reporting "payments made by Risc Management to sources that they have, presumably police officers or those close to the investigation".

Records showed roughly half a dozen payments amounting to about £20,000 over an eight or nine-month period, he said. "It appears to be inappropriate if not corrupt," he added. He also indicated the information flowed in both directions, with the private investigators passing details from the defence case back to the police as well.

Scotland Yard said in a statement: "The Metropolitan Police Service (MPS) is investigating an allegation that illegal payments were made to police officers for information by a private investigation agency. The Directorate of Professional Standards (DPS) referred the matter to the Independent Police Complaints Commission in October 2011 which agreed to supervise a DPS investigation into the allegations. This is an ongoing investigation and it would be inappropriate to comment further at this stage while the investigation is under way."

Risc Management declined to comment.

©Press Association

Racism warnings 'fell on deaf ears'

Warnings of racism at Scotland Yard have fallen on "deaf ears" for more than a decade, a top policeman said as eight officers were suspended from the force.

Superintendent Leroy Logan, of the Black Police Association, said he was "disappointed" by the Met's apparent failure to take effective action following years of feedback from black communities.

He spoke after 10 complaints - relating to 20 officers and one member of police staff - were referred to the police watchdog. The referrals came just days after Scotland Yard vowed to get to the bottom of "very damaging" footage of one officer apparently racially abusing a man and another allegedly assaulting a teenage boy last summer.

Supt Logan, a founder member and former chairman of both the London and National Black Police Association (NBPA), said while race relations had improved since a 1999 report accused the force ofinstitutional racism, there had been a recent deterioration in attitudes.

Warnings over racism in the Met have '
fallen on deaf ears', according to a black police chief

Citing a need to "root out the bad boy cops," he said race relations had dropped down the agenda. But he said the issue had been raised yearly by youths on the NBPA's community engagement programme.

"Every year since 2001, the young people have been saying how they believe they are being dealt with disrespectfully, not shown enough dignity, casual racist comments were being used," he said.

The officer, who has more than 30 years of practical policing experience, added: "You would think these casual racist comments would be long gone and here we are and they are still coming up." And he said the force now needed to "get its act together", adding: "The police service isn't in a good place."

In total, eight officers and one member of staff at the Yard have been suspended. Pc Alex MacFarlane has been temporarily stripped of his duties after a recording was made of a suspect being called a "n*****". The arrested man, named as Mauro Demetrio, 21, from Beckton, east London, was arrested on suspicion of drug driving but no action was later taken. He recorded the abuse on his mobile phone.

It emerged that another officer, reportedly with Pc MacFarlane when Mr Demetrio was abused, was also placed on restricted duties after allegedly being seen kicking a 15-year-old black boy to the ground and kneeing him. Met Deputy Commissioner Craig Mackey has warned there could be further referrals to the watchdog.

Elsewhere, four police officers have been temporarily stripped of their duties in Northern Ireland following the discovery of racist and sectarian text messages.

©Press Association

Police Racism Claims: 10 Cases Investigated

Scotland Yard has referred 10 cases of alleged racism to the police watchdog and suspended five officers.

Deputy Commissioner Craig Mackey confirmed that the 10 cases were being investigated by the Independent Police Complaints Commission.

Scotland Yard initially reported three cases - but the number increased to 10, relating to five officers, early this evening.

The matters were referred to the IPCC after a review of complaints at the force, Mr Mackey said, insisting "the Met does not tolerate racism".

The fresh allegations come after Met boss, Commissioner Bernard Hogan-Howe, vowed to get to the bottom of "very damaging" footage of one officer apparently racially abusing a man and another allegedly assaulting a teenage boy last summer.

Mr Mackey warned there would be further referrals.

He said: "Whilst any use of racist language is abhorrent, what is reassuring for me is that in the ten cases that have been referred to the IPCC, six involve other officers who have stood up and raised concerns, showing that we are an organisation that will not stand for any racist behaviour.

"These officers were not motivated to report their concerns by recent media coverage as this was done before this week.

"I will always want to work in an organisation where someone who believes they've seen unacceptable behaviour feels they can challenge it and report it - knowing action will be taken, as it has been in these cases and as it will be whenever it occurs.

"The Met does not tolerate racism."

At least three of the five officers were based in Newham, east London, and were suspended earlier today in relation to complaints that they used racist language.

• Police Racism Claims: 10 Cases Investigated

Mike Franklin, a commissioner with the IPCC, said: "Naturally members of the public are going to have concerns that this again involves officers based in Newham Borough and I have asked the Metropolitan Police Service what measures they have in place to ensure allegations of this nature are not more widespread."

Commissioner Bernard Hogan-Howe was previously forced to speak out after incidents on August 11 last year as police officers in London dealt with the fallout of the riots sweeping the capital.

Pc Alex MacFarlane was suspended after a recording was made of a suspect being called a "n*****".

The arrested man, named as Mauro Demetrio, 21, from Beckton, east London, was arrested on suspicion of drug driving but no action was later taken.

He recorded the abuse on his mobile phone.

It also emerged that another officer, reportedly with Pc MacFarlane when Mr Demetrio was abused, was placed on restricted duties after later being allegedly seen kicking the 15-year-old black boy to the ground and kneeing him.

The incident was said to have happened in the custody area of an east London police station with part of the incident recorded on CCTV.

©SkyNews

Policeman filmed 'assaulting' boy

A policeman has been filmed on CCTV allegedly assaulting a teenage boy just hours after his colleague was recorded apparently racially abusing a man, it has been reported.

Both incidents happened on August 11 last year as police officers inLondon dealt with the fallout of the riots sweeping the capital.

Last week sources confirmed Pc Alex MacFarlane of theMetropolitan Police had been suspended after a recording was made of a suspect being called a racial slur.

The arrested man, named as Mauro Demetrio, 21, from Beckton, east London, was arrested on suspicion of drug driving but no action was later taken. He recorded the abuse on his mobile phone.

The Guardian has reported that another officer, who it said was with Pc MacFarlane when Mr Demetrio was abused, was placed on restricted duties after later being allegedly seen kicking the 15-year-old black boy to the ground and kneeing him.

A Met policeman has been placed on
restricted duties after he was filmed on
CCTV allegedly assaulting a black teenager,
it has been reported

The incident was said to have happened in the custody area of an east London police station with part of the incident recorded on CCTV.

An independent investigation into the alleged assault on the teenager ended last week and a report, understood to recommend disciplinary action, has been submitted to the Metropolitan police, the Guardian reported.

A Metropolitan Police spokesman said: "This matter was referred to the IPCC and the officer placed on restricted duties pending the outcome of their independent investigation. We have now received their findings and recommendations which we will consider and respond to.

"The decision about who is investigated as a result of a complaint and who is treated as a witness is a decision for the investigators, in this case the IPCC. When an investigation has concluded, and if an officer is found to have failed in the high standards expected of them, then we will instigate misconduct proceedings."

Referring to both incidents, Commander Peter Spindler of the Directorate of Professional Standards said: "We are taking these allegations extremely seriously. Any use of racist language or excessive use of force is totally unacceptable; at the conclusion of any criminal proceedings we will instigate the appropriate internal action."

©Press Association