Request under the Freedom of Information Act 2000 (FOIA)

Transcription

1 Our Ref: /13 Freedom of Information Section Nottinghamshire Police HQ Sherwood Lodge, Arnold Nottingham NG5 8PP Tel: 101 Ext Fax: January 2013 Request under the Freedom of Information Act 2000 (FOIA) I write in connection with your request for information, which was received by Nottinghamshire Police on 27 December I am seeking the footage of a shooting that happened at the junction of Birkin Avenue and Gregory Boulevard in Hyson Green, on the afternoon of April 30th Following receipt of your request searches were conducted within Nottinghamshire Police to locate the information you require. Please find below answers to your questions:- RESPONSE Under S 1 (1) (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Nottinghamshire Police does hold the information you have requested. I am unable to provide you with the CCTV footage under Section 30(1)(a)(b)(c), Investigation and proceedings conducted by public authorities. Section 30 is a qualified class-based exemption and a public interest test is required.

2 Factors favouring disclosure for Section 30 Disclosure of the information would improve the public s knowledge and understanding of the investigatory process and, as all police investigations are publicly funded, would show how public funds are being spent. The investigation has attracted a media interest but is now effectively finished, therefore disclosure of the information would show the public that the investigation had been conducted properly. Factors against disclosure for Section 30 Disclosure of the requested information would prejudice how investigations are carried out in the future as they would contain information about how the investigation was conducted. This would hinder the prevention and detection of crime and affect Nottinghamshire s law enforcement capabilities. Disclosure would inhibit the co-operation of witnesses to all crimes and undermine the partnership approach to investigations. Although two men have been jailed for the attack, they could appeal the decision or their sentences at any time, the footage requested was not shown in court and has never been in the public domain, it should also be noted that section 30 applies to an investigation for 30 years this period is reset every time the case is reopened or added to. Balance test Disclosure under the Act, is a disclosure to the world not just to the individual making the request. The proper detection, investigation and prosecution of crimes are cornerstones of a modern democratic society. The Police Service will never divulge information if it will hinder that core responsibility or affect the heath and safety or well-being of individuals or groups of people. Although the way the Police conduct investigations, especially high-profile investigations, should be transparent and shared with the public they have a greater duty to protect the public from harm or distress. As the jailed individuals have a right to appeal the investigation case file will remain held for 30 years. The original footage is the property of Nottingham City Council and was released only for crime prevention. Therefore in this case, the balance lies in favour of non-disclosure of the requested information. This letter constitutes a refusal notice under Section 17(1) of the Freedom of Information Act with Section 30(1)a)b)c) of the Act being applied. 30. (1) Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of a) any investigation which the public authority has a duty to conduct with a view to it being ascertained i) whether a person should be charged with an offence, or ii) whether a person charged with an offence is guilty of it

3 b) any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct, or c) any criminal proceedings which the authority has power to conduct (2) Information held by a public authority is exempt information if a) it was obtained or recorded by the authority for the purposes of its functions relating to i) investigations falling within subsection (1) a) or b) ii) iii) iv) criminal proceedings which the authority has power to conduct investigations (other than investigations falling within subsection (1) a) or b) which are conducted by the authority for any of the purposes specified in section 31 (2) and either by virtue of Her Majesty s prerogative or by virtue of powers conferred by or under any enactment, or civil proceedings which are brought by or on behalf of the authority and arise out of such investigations, and b) it relates to the obtaining of information from confidential sources (3) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2). (4) In relation to the institution or conduct of criminal proceedings or the power to conduct them, references in subsection (1) b) or c) and subsection (2) a) to the public authority include references a) to any officer of the authority b) in the case of a government department other than a Northern Ireland department, to the Minister of the Crown in charge of the department, and c) in the case of a Northern Ireland department, to the Northern Ireland Minister in charge of the department. (5) In this section criminal proceedings includes

4 a) proceedings before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 52G of the Act of 1957, b) proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957, c) proceedings before a court established by section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957 (summary appeal courts) d) proceedings before the Courts-Martial Appeal Court, and e) proceedings before a Standing Civilian Court offence includes any offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act (6) In the application of this section to Scotland a) in subsection (1) b), for the words from a decision to the end there is substituted a decision by the authority to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted b) in subsections (1) c) and (2) a) ii) for which the authority has power to conduct there is substituted which have been instituted in consequence of a report made by the authority to the procurator fiscal, and c) for any reference to a person being charged with an offence there is substituted a reference to the person being prosecuted for the offence. Complaints Rights Your attention is drawn to the enclosed review procedure, which details your right of complaint. Copyright Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner s written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.

5 I would like to take this opportunity to thank you for your interest in Nottinghamshire Police. Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number or quoting the above reference number. Yours sincerely Information Compliance Officer

6 Are you dissatisfied with your response? If so, prior to lodging a formal complaint, you are welcome and encouraged to discuss the decision with the case officer that dealt with your request. Ask to have the decision looked at again The quickest and easiest way to have the decision reconsidered is to telephone the case officer that is identified at the end of your decision letter. That person will be able to discuss the decision, explain any issues and assist with any problems. Formal Independent Review If you are dissatisfied with the handling procedures or the decision made by Nottinghamshire Police under the Freedom of Information Act 2000, you can request an Independent Review. Upon receipt for a review of the initial request response, an independent audit officer from Information Management will review the request and assess whether it has been satisfactorily processed in accordance with policy and procedure. Requests for Independent Reviews requests should be made in writing to- Force Information Manager Nottinghamshire Police Force Headquarters Sherwood Lodge Arnold Nottingham NG5 8PP The Audit officer will record and communicate his/her decision to the information requester within 20 working days. Appeals If the findings of the formal independent review do not meet your approval, you can register an appeal against the decision. An investigation will then take place by the Freedom of Information officer, which will be reported and presented to the Internal Appeal Board. This will include a full account of the reasoning for or against disclosure and the application of any relevant exemptions. The Internal Appeal Board will consist of at least a member of the Chief Officer Team, a member of the Legal Team and the Force Information Manager. Appeals should be registered in writing to:

7 Freedom of Information Officer Nottinghamshire Police Force Headquarters Sherwood Lodge Arnold Nottingham NG5 8PP Alternatively Or call: Applications to the Information Commissioner If you then remain dissatisfied, you may make an application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act. For information on how to make an application to the Information Commissioner, please visit their website at Alternatively, Write to: Information Commissioner s Office Wycliffe House Water lane Wilmslow Cheshire SK9 5AF Or call: