West Yorkshire Police

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Freedom Of Information - Frequently Asked Questions

Page Index

 


Crime Statistics regarding house purchasing (Beatcrime)

Question:

I am intending to buy my first home in June 2014 and would like to know if there have been any recent complaints or reported incidents in and around the street which I am interested in, especially any complaints of noise or nuisance.

Answer:

Your request has been considered and I am not obliged to supply the information you have requested.

Section 17 of the Freedom of Information Act 2000 requires West Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

(a) States the fact;
(b) Specifies the exemption and;
(c) States why the exemption applies

In this case, the information you have requested is exempt by virtue of:

Section 21 (Information accessible by other means):

In order to obtain crime statistics for a specific area, please visit the following website and input the appropriate postcode for the area you require: http://www.police.uk/

 


 

Data Protection

Question:

I wish to request information concerning my personal records with West Yorkshire Police. Could you please reply in writing with the above request for information.

I am requesting the information, under the freedom of information act

Answer:

Your request for information has now been considered and I am not obliged to supply the information you have requested. Such information is exempt under Section 40 (Personal Information) of the Freedom of Information Act 2000. This exemption applies because the right given under the Act to request official information held by public authorities does not apply to personal data – any such requests become Subject Access Requests under the Data Protection Act 1998.

In accordance with the Freedom of Information Act 2000, this letter represents a Refusal Notice for this particular request. The action cannot be taken as confirmation or denial that West Yorkshire Police holds the information you have asked for.

Should you wish to know what information (if any) West Yorkshire Police holds about you (not anyone else), or you would like confirmation that you do, or do not have a prosecution/conviction history, you must complete a Subject Access form. Payment of a £10.00 fee and proof of identification must accompany a completed application form, which you will find on our website:  www.westyorkshire.police.uk under Data Protection.

Please note that once we have received your completed application, the process to provide you with information can take up to 40 calendar days. 
 

 


Discipline & Complaints
 

Question:

Under the Freedom of Information Act I wish to know;

  1. How many serving police officers in West Yorkshire have been convicted of a criminal offence.

  2. How many serving police officers in West Yorkshire have been cautioned for a criminal offence.

    As ALL cautions and convictions have to be declared on their application forms including driving offences I would find it reasonable to have this information recorded.

Answer:

It has now been considered and I regret to inform you that I cannot supply the information you have requested.
 

Section 17 of the Freedom of Information Act 2000 requires West Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you, the applicant, with a
notice which: 

  (a) states the fact;
  (b) specifies the exemption in question and;
  (c) states (if that would not otherwise be apparent) why the exemption applies;

The reason that we are unable to provide you with this information is covered by the following exemption(s):

Section 12 – where cost of compliance exceeds appropriate limit

I can confirm that we do hold this information but unfortunately it is not in an easily retrievable format.

As you correctly stated, cautions and convictions must be declared at the time of applying to become a police officer with West Yorkshire Police. In addition, West Yorkshire Police requires serving police officers and members of police staff to notify the force if they have been cautioned, convicted or received a penalty notice for any offence. Information is also obtained from other police forces under ‘Notifiable Occupations’ legislation.

Disciplinary action is considered in each case where notification or information is received and each case is treated on its merits. The information and subsequent action is recorded on the personnel file of the individual. It is not recorded or held on a central database.

Therefore, as explained, the relevant information would be held on the personnel file of the individual concerned. To obtain the information you seek would entail a manual check of each personnel record held for West Yorkshire Police Officers. As of 31st March 2009, West Yorkshire Police employed approximately 4,379 Police Officers. To conduct a manual search of these files, at a time estimate of 10 minutes per file would take over 700 hours. It has been estimated that the cost of providing you with this information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the 'appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which currently stands at £450 or 18 hours worth of work.

Our ACPO guidance states that we do not issue fees notices and therefore in accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice.

Section 16 – Advice & Assistance:

As part of our duty to provide advice and assistance under Section16 of the Act, West Yorkshire Police has an obligation, where a request has been turned down on the basis of an exemption, to assist the applicant in formulating a request that would be less likely to attract an exemption. The following information may enable you to revise your question to one which is less likely to attract a section 12 refusal. Since 2006 West Yorkshire Police have kept a separate record of all potential recruits to the force that have been approved or turn down based on their convictions. Therefore we would be able to provide you with a limited set of data that would inform you of whether our recent recruits (new and transferees only) had convictions or not at the time of their joining West Yorkshire Police. If you believe that this data-set goes some way to answering your request for information, please re-contact this office (details as per above letterhead) with a revised question/s and we will progress the matter accordingly.

 


DNA  

Question:

  1. For each calendar year since 2005, how many DNA profiles were contributed to the NDNAD of individuals that were arrested by your force.

  2. For each calendar year since 2005, how many DNA profiles were contributed to the NDNAD of individuals that volunteered their DNA samples to your force.

  3. For each calendar year since 2005, how many requests for DNA records removals has your force received. How many individuals who had their DNA taken when arrested sent these requests, and how many individuals who volunteered their DNA sent these requests.

  4. For each calendar year since 2005, how many requests for DNA records removals has your force agreed to (i.e., where the Chief Officer decided "Yes - Action the removal of PNC, fingerprint and DNA records" as described in the step down model flowchart). How many were agreed for individuals who had their DNA taken when arrested; and how many were agreed for individuals who volunteered their DNA.

Answer:

Q1
2005 - 25058
2006 - 32664
2007 - 24412
2008 - 17544 notified to 12/12/08

The above figures refer to DNA samples routed via the DNA Bureau only and may not include all profiles that have been submitted via another force on behalf of West Yorkshire Police or those that may have been submitted direct to the laboratory by the Senior Investigation Officer as part of an on-going investigation.

Q2
Please note that the Volunteer Database contains samples that are kept indefinitely, West Yorkshire Police have obtained the volunteer’s written consent for this to occur, before they are loaded on to it.

No of Volunteer Profiles
2005 - 148
2006 - 302
2007 - 655
2008 - 437

Please note that the above figures refer to volunteer samples routed via the DNA Bureau only and do not include volunteer samples that are taken and submitted direct to the laboratory, such as when the police service ask for volunteers for elimination purposes following a crime being committed, these refer to samples where consent has not been gained and the sample is destroyed after being used for elimination purposes. Also, be aware that a further 472 volunteer profiles have been taken and loaded onto the National DNA Database within the time frame requested but we are unable to confirm the load date, therefore these are additional profile numbers that need to be added to the above figures quoted, if a total figure for the period is required.

Questions 3 & 4

Year**Total Number of Exceptional Case RequestsArrested Persons
DNA Removed
Volunteer Persons
DNA Removed
200553 Exceptional CasesNone
2006137 Exceptional CasesNone
20073516 Exceptional CasesNone
2008409 Exceptional CasesNone
2009134 Exceptional CasesNone

 

** Please note that exceptional case requests can include requests for removal from the National DNA database, fingerprints, Police National Computer or a combination of all three databases. Also be aware that West Yorkshire Police have received no requests for removal of profiles from persons who have volunteered their DNA, therefore the figures quoted under this column represent requests from arrested persons only.
 

 


DNA Removal

Question:

I was arrested by West Yorkshire Police, and subsequently released. My DNA and fingerprints were taken. Can you confirm that my DNA and fingerprints have been destroyed? Further to the decision by the European Court of Human Rights in the case of S and Marper, please confirm whether Police Forces are destroying DNA samples.

Answer:

The Freedom of Information Act (2000) creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, state under Section 1(a) of the Act, whether it holds the requested information and, if held, then communicate that information to the applicant under Section 1(b) of the Act.
 

The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is unsuitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.
 

Decision:

This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act).

Reason For Decision:
 

Section 17 of the Act provides: 
 

(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision in part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which – 

(a) states the fact, 
(b) specifies the exemption in question, and 
(c) states (if that would not otherwise be apparent) why the exemption applies.
 

In accordance with the Act, this letter represents a Refusal Notice for this particular request. West Yorkshire Police can neither confirm nor deny that it holds the information you requested as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:
 

Section 40 (5) – Personal Data (Third Party): 
 

Even to confirm if this information is held would mean confirming if the incidents actually took place. This in itself would represent a breach of the Data Protection/Privacy rights of any individual(s) concerned.

No inference should be drawn from this response as to whether the information you have requested does exist or does not exist.

Section 16 – Duty to Offer Advice & Assistance 
 

As part of our duty under section 16 of the Freedom of Information Act 2000 to offer advice and assistance, please be advised that once DNA and fingerprints are lawfully obtained, it is only in exceptional circumstances that DNA/fingerprint records will be removed. Such a decision must take full account of recent legislation, which provides for the long term retention of such records. 
 

DNA samples and fingerprints, which are retained by the police, can be used for purposes relating to the prevention or detection of crime, the investigation of any offence or the conduct of a prosecution. 
 

The Criminal Justice and Police Act 2001 amended the Police and Criminal Evidence Act 1984, providing the police in England and Wales with the power to retain DNA samples and fingerprints, relating to persons following acquittal at court or other discontinuance of a case. 
 

The Criminal Justice Act 2003 amended the Police and Criminal Evidence Act 1984, providing the police in England and Wales with the additional power to take DNA samples and fingerprints, from all persons detained at a police station having been arrested for a recordable offence. 
 

West Yorkshire Police are aware of the recent European Court of Human Rights decision in the case of S & Marper regarding the retention of DNA samples and fingerprints of persons suspected but not convicted of offences. Whilst this judgement has gone against Government, Police Forces have been advised through Home Office guidance, that they should continue to follow current legislation and procedures until the Law is changed by Parliament. If there is statutory change, then West Yorkshire Police will review our procedures. 
 

Individuals who consider that they fall within the ruling in the S & Marper case should await the full response to the ruling by Government prior to seeking advice and/or action from the Police Service in order to address their personal issues on the matter. The Government is expected to provide a considered response to this ruling, which is currently under consideration by their lawyers. 
 

If you believe that your case is exceptional, you should write to the Data Protection Office, PO Box 9, Laburnum Road, Wakefield, WF1 3QP

 


Drugs

Question:

I would be grateful if you could supply me with the following information for the years 2002-2007 inclusive.

  1. How much heroin has the force recovered each year from?
  2. How much recovered heroin has been destroyed each year?
  3. How much crack cocaine has the force recovered each year?
  4. How much recovered crack cocaine has been destroyed each year?
  5. How much cocaine has the force recovered each year?
  6. How much recovered cocaine has been destroyed each year?
  7. How much cannabis has the force recovered each year?
  8. How much recovered cannabis has been destroyed each year?
  9. What happens to drugs when they have been recovered?
  10. Have any recovered drugs been lost or gone missing between 2002 and 2007 whilst in police possession? If so, what was the drug and what amount was lost or missing?

Answer:

Your request for information has now been considered and the information asked for under the terms of the Freedom of Information Act 2000 is as follows: 

Q1 - Heroin recovered each year:
• 2004/05 - 154 kilo
• 2005/06 - 9 Kilo,
• 2006/07 - 42 kilo
• 2007/08 - no data.

Q3 - Crack Cocaine recovered each year:
• 2004/05 - 67 Kilo
• 2005/06 – 3 Kilo
• 2006/07 - 1 Kilo
• 2007/08 - no data.

Q5 - Cocaine recovered each year:
• 2004/05 - 2 kilo
• 2005/06 - 9 kilo
• 2006/07 - 42 Kilo
• 2007/08 no data

Q7 - Cannabis recovered each year (The request does not stipulate if the cannabis is resin, herbal or plants)
• 2004/05 Resin - 87 Kilo, plants – 3261
• 2005/06 - Resin 63 kilo, plants - 4459
• 2006/07- Resin 100 kilo, plants - 9421
• 2007/08 no data.

Questions 2, 4, 6 & 8 - it is impossible to state when drugs get destroyed. It depends on the evidential requirements of every case & the length of time each case gets to court - therefore impossible to say with accuracy when drugs actually get destroyed. But whenever the trial, all drugs do get eventually destroyed. 

Q9 - All recovered drugs are kept secure to preserve their integrity. 

Q10 – We are not aware of any recovered drugs in West Yorkshire going missing.

 


Firearms Incidents

Question:

1. a) In 1997, how many firearms incidents did the force attend? 
    b) How many of these incidents involved people aged under 18?

2. a) In 2002, how many firearms incidents did the force attend? 
    b) How many of these incidents involved people aged under 18?
 

3. a) In 2007, how many firearms incidents did the force attend? 
     b) How many of these incidents involved people aged under 18?

Answer: 
 

Q1 a) & b) – No information held. Our records do not go back as far as 1997.

Q2 a) – West Yorkshire Police attended 3,779 firearm incidents in 2002
       b) – No information held. This level of detail is not recorded.
 

Q3 a) – West Yorkshire Police attended 8,507 firearm incidents (not including Taser incidents)
      b) – No information held. This level of detail is not recorded.

 


Football

Question:

Please inform me under the above legislation the total cost of policing football matches in this Constabulary in 2007/08 and the highest individual match cost in 2007/08.

Answer:

The total cost for policing football in West Yorkshire in 2007/08 season was £2,340,908.

In relation to the part of the question which relates to the highest individual match cost in 2007/08, your request for the above information has now been considered and I regret to inform you that I cannot supply the information (because the information is exempt) to provide you, the applicant, with a notice which: 

  (a) states the fact;
  (b) specifies the exemption in question and;
  (c) states (if that would not otherwise be apparent) why the exemption applies;

The reason that we are unable to provide you with this information is covered by the following exemption(s):

Section 31(1)(a) – Law enforcement (a Qualified and Prejudiced exemption)
Section 38(1)(a)(b) – Health and Safety (a Qualified and Class-Based exemption)

With the above qualified exemptions I am obliged to conduct a harm and public interest test and I have laid out my considerations to assist you in understanding how I have reached my decision.

Harm and Public Interest Test

In considering whether or not this information should be disclosed, I have considered the potential harm that could be caused by disclosure of it and it is my opinion that harm, (both actual and perceived) would be caused to the police service as a whole. Disclosure of this kind of information, that is, individual costs of matches, may affect our ability to police future football matches by allowing requestors to ‘calculate’ the number of officers deployed at each specific game and therefore to estimate future deployment at the different categories of matches. A further consequence of such a disclosure is that it could potentially endanger the safety of people who attend football matches, including police staff, club officials working on this type of event and any attending football fans, my decision therefore is not to disclose.

 


Historical Information (West Yorkshire Archive Service)

Question

I am trying to get some information on my late grandfather,
who was a member of Leeds City, for the family tree. His name was XXXXXXXX. We know he was a constable at Leeds in 1907, from my father's birth certificate. he retired as a sergeant, we think about
March 1924.

Answer

Unfortunately West Yorkshire Police no longer retain the information you are seeking, however, we do archive all our historical information with the West Yorkshire Archive Service, details as follows: 
 

West Yorkshire Archive Service
Wakefield Headquarters
Registry of Deeds
Newstead Road
Wakefield
WF1 2DE 
 

Tel : +44 (0)1924 305980
Fax : +44 (0)1924 305983 
 

Web : www.archives.wyjs.org.uk  
 

Please accept this letter as authorisation from West Yorkshire Police that you have permission to search our historical records held with the West Yorkshire Archive Service. You can contact them directly (details above) to arrange an appointment to personally view police records held at their Wakefield site or you can arrange for copies of relevant information to be made and sent out to you. (Please note there is a cost involved with this service). 
 

I would like to take this opportunity to thank you for your interest in West Yorkshire Police.

 


Injury Awards 

Question:

How many retired West Yorkshire Police officers in receipt of an injury pension of band 2 or above who have been subjected to an IUE review under the terms of HO Circular 46/2004 have retained their original banding after being reviewed?
How many retired officers have been reviewed under this circular?

Answer:

No retired officers in receipt of an injury pension of band 2 or above have remained on their current band of award following an Impact Upon Earnings (IUE) review as a result of the guidance in HOC 46/2004.
 

242 retired officers in total have been subject to an IUE review under the guidance of HOC 46/2004. 180 have received a determination. Of that figure, 111 determinations relate to retired West Yorkshire Police officers in receipt of an injury pension of band 2 or above. 
 

West Yorkshire Police periodically review awards made to officers who have left the Force on ill health grounds. This is to establish their loss of earnings capability causally linked to an injury received in execution of duties. All cases are reviewed by a medical advisor and carried out to ensure recipients receive their correct entitlement. 

 


Interpreters / Translation Fees

Question:

How much has the West Yorkshire Police force spent on interpreting and translating services in the last seven years, per year?

Answer:

Interpreters Costs (in £s per financial year) are available by clicking here (PDF 48kb)

Translation Costs:

West Yorkshire Police does not hold a contract specifically for translation services and hence doesn’t record the cost of these services separately. For a translation to text service, West Yorkshire Police would most likely approach one of the organisations it uses for interpreting services. Therefore, translation costs would be included in the above figures.

 


Lost & Stolen Property

Question:

Please provide a list of any police property stolen between January 1, 2007 and December 31, 2007. For each offence please detail the value of the property, where it was stolen from (for example, a police station, police car, police officer etc) and when it was stolen.

Please state whether any action was taken to investigate the theft and the CURRENT state of this investigation or the result of any legal action taken. Please indicate if the suspect or offender was a police employee.

Answer:

I can confirm that we do hold this information but unfortunately it is not in an easily retrievable format.

To obtain the information you seek would entail a manual check of each crime record held in order to establish a link between the property and the crime/victim data. It has been estimated that the cost of providing you with this information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the 'appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which currently stands at £450 worth of work.

 Our ACPO guidance states that we do not issue fees notices and therefore in accordance with the
Freedom of Information Act 2000, this letter acts as a Refusal Notice. 
 

Question:

  1. Number of laptops reported lost or stolen in the calendar year 2007
  2. Number of laptops either handed in by members of the public or recovered by the police in the same period
  3. Number of laptops returned to their lawful owner for the same period

Answer:

Q1) West Yorkshire Police had 4,904 laptops linked to crime occurrences as ‘stolen’ and 50 were reported as lost during 2007.

Q2) 119 laptops were linked to crime occurrences as ‘recovered’ and 33 laptops were classed as found property during 2007.

Q3) 8 x laptops have been returned to their owners during 2007. Please note that the figures for returned property is low because certain types of property, such as laptops, tend not to be returned to the owner because of the following reasons:- 

  1. The laptop has been stolen and there is no identification for the owner.
  2. The insurance claim has been paid and the property is no longer required. 
  3. The item of property is still required for evidential purposes.

 


Penalty Notices for Disorder

Question:

1. In the last calendar year (1.1.08 to 31.12.08) how many penalty notices for disorder did you issue?

2. How many of these PND’s were issued to women?

3. How many of these women were aged (a) 16 or under and (b) 17 to 20 inclusive?

4. What was the age of the youngest girl issued with a PND for being drunk and disorderly (DA06) during the last calendar year?

Anwers

Q1 – In the calendar year 1st January 2008 to 31st December 2008, West Yorkshire Police issued a total of 3,544 Penalty Notices for Disorder.

Q2 – Of the 3,544 PND’s issued by West Yorkshire Police in 2008, 828 were issued to women.

Q3 – Of the 828 women who were issued with PND’s, 11 were aged 16 or under and 214 were aged 17 to 20 inclusive.

Q4 – The youngest girl issued with a PND for being drunk and disorderly in the 2008 calendar year was aged 16.

Police forces in the United Kingdom are routinely required to provide crime statistics to government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force’s response to your questions should not be used for comparison purposes with any other response you may receive. 
 

As it is our duty under section 16 of the Freedom of Information Act 2000 to offer advice and assistance, you may also wish to consult the Home Office website which provides information in relation to Penalty Notices for Disorder. http://www.homeoffice.gov.uk/anti-social-behaviour/penalties/penalty-notices/?view=Standard   

 


Pensions

Question:

I am wishing to seek the answers to the following questions under the Freedom of Information Act;

  1. Could you please tell me how many serving police officers have retired under the force's 30 year pension scheme from April 1, 2007 to April 1 2008. If the figures are not available for those periods then the figures for April 1, 2006 to April 1, 2007.
  2. Could you please tell me of those officers, how many are still employed by your force in a civilian role.
  3. Of those officers still employed in a civilian role, can you tell me when their retirement date was as an officer and when their start date was as a civilian?
  4. Is it possible to provide the range of salary brackets relating to civilian staff?
  5. Can you tell me how much the force pays out in pensions per year? 
     

Answer:

Q1 During the financial year 2007/08, 257 serving police officers retired on 30 years pensionable service.

Q2 Out of the above 257 retired officers, 11 were employed in a police staff role.

Q3 Financial Year 2007/08

Former Officer

Date Retired as Officer

Date Returned as Police Staff

1

19/10/07

05/11/07

2

31/12/07

01/01/08

3

02/10/07

31/01/08

4

21/06/07

03/09/07

5

30/06/07

09/07/07

6

30/09/07

01/10/07

7

30/06/07

22/10/07

8

31/05/07

01/06/07

9

15/05/07

05/11/07

10

31/08/07

03/09/07

11

22/07/07

30/07/07


Q4 Police Staff Council Agreed Revised Pay Spine 01/09/07
 

SCALEP.S.CP.S.C
 W.E.F.SPINAL
 01/09/2007COLUMN
 £POINT
SCALE 1121385
 125736
 130087
 134528
 138099
 1421110
 1460711
   
SCALE 21460711
 1497012
 1532713
   
SCALE 31568714
 1603515
 1639516
 1675517
   
SCALE 41710618
 1771219
 1830620
 1896921
   
SCALE 51953922
 2013923
 2073624
   
MECHS2134225
   
SCALE 62203826
 2278827
 2356828
   
S.O.1.2444429
 2524830
 2602831
   
S.O.2.2680832
 2758233
 2836834
   
P.O.A.2758233
 2836834
 2911235
 2984436
   
P.O.B.2984436
 3059137
 3149138
 3248139
   
P.O.C.3248139
 3336640
 3423041
 3510642
   
P.O.D.3598843
 3686444
 3774045
 3861346
   
P.O.E.3774045
 3861346
 3948947
 4035948
   
P.O.F.4123549
 4214150
 4306851
 4401652
   
E.O.1.4802156
 4907757
 5015758
 5126159
   
E.O.2.4907757
 5015758
 5126159
 5238960
   
E.O.3.5592363
 5715364
 5841065
 5969466
   
ACR11460711
 1497012
 1532713
 1568714
 1603515
 1639516
 1675517
 1771219
   
ACR22013923
 2073624
 2134225
 2203826
 2278827
 2444429
   
ACR32984436
 3149138
 3248139

 Q5 The total amount of Police Pensions paid in 2007/08 was £88.022m.

Police Pensions are paid for out of the Pension Account and is not a charge to the Income and Expenditure account of the Authority, the Pension Account was introduced following changes to the Financing of Police Pensions brought in by the Home Office in April 2006.

A copy of the Authority's Statement of Accounts are available as a download from the following website:-  www.wypa.org  

Pages 38 & 39 of the Statement of Accounts gives a full breakdown of the Police Pensions paid in the year and details about the operating of the Pension Account.

 


Speeding

 

Question:

In accordance with the Freedom of Information Act, I am writing to request copies of the following documents:

  1. Calibration records of all equipment used in the detection of the alleged offence.
  2. Maintenance records of all equipment used in the detection of the alleged offence.
  3. Training records for the officer concerned in the use of the calibration equipment.
  4. Copies of any Certificate of Competence issued to the Officer concerned.
  5. Full written details of the Partnership’s procedures for use of mobile speed cameras or detectors

Answer:

In relation to questions 1 – 4, your request has now been considered and I regret to inform you that I cannot comply with your request.
 

In accordance with the Freedom of Information Act, this letter represents a Refusal Notice for this particular part of your request. West Yorkshire Police can neither confirm nor deny that it holds the information you requested as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of:

Section 40 (5) – Personal Information

Please note: One of the main differences between the Data Protection Act 1998 and the Freedom of Information Act 2000 is that any information released under the FOIA is released to the world, not just to the individual requesting the information. As such, any release that identifies an individual through releasing their personal data, even third party personal data, is exempted unless there is a strong public interest case to release. (The public interest is not what interests the public but what benefits the community as a whole).
 

A Notice of Intended Prosecution is served as part of an investigative process to establish who was driving a particular vehicle at the time of an alleged offence. There are well established protocols within West Yorkshire Police for disclosing some of the information you have been seeking. Normal court disclosure rules allow a defendant sight of relevant documentation to assist in the preparation of their defence. Any such request received by West Yorkshire Police is dealt with under ‘business as usual’ rules rather than the Freedom of Information Act. Please contact the following department if you wish to utilise this procedure:-
 

Central Process Bureau
Ticket Enforcement Section
PO Box 1105
Bradford
BD1 4WA
Tel: 01274 376919
 

However this should not be taken as conclusive evidence that the information you request exists or does not exist.
 

In relation to question 5 of your request, section 17 of the Freedom of Information Act 2000 requires West Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you, the applicant, with a notice which;

(a) states the fact;
(b) specifies the exemption in question and;
(c) states (if that would not otherwise be apparent) why the exemption applies

The reason that we are unable to provide you with this information is covered by the following exemption(s):

Section 21 – Information accessible to applicant by other means

Please note information concerning ‘Partnership’s Procedures’ is available at West Yorkshire Casualty Reduction Partnership on the following website:- http://www.safetycameraswestyorkshire.co.uk

West Yorkshire Police also operate under the following Code of Practice, 'ACPO Code of Practice for Operational use of Enforcement Equipment' which is available at the Association of Chief Police Officer’s website on the following address:- 
http://www.acpo.police.uk/policies.asp  


 

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In an emergency always dial 999

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