FOI date
08/2023
FOI reference
FOI 1742481/23

1. Which three fixed position speed cameras in your area were responsible for (i) the issuing of the most notices of intended prosecution (NIPs) to suspected speeders in the combined three-year period of 2020, 2021 and 2022? 

By this I mean which three cameras were the busiest across the entire three-year period rather than which three were busiest in each year. Hence the response should be just three camera sites and no more. 

West Yorkshire Police are unable to provide you with the location of the specific cameras as this is exemt by virtue of Section 31(1)(a)(b) Law Enforcement.

Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information. 

2. Please provide me with the position of each of the three cameras along with the number of NIPs that each of these three was responsible for over this three year period. 

3. If possible please provide me with the number of (i) FPNs and (ii) driver education courses that were accepted as ‘punishment’ by the people issued with the NIPs at each of the camera sites identified by Question 1.
    
Please see the below table which shows the total number of offences recorded at the top 3 fixed camera locations from 01/01/2020 – 31/12/2022, broken down by outcome. As per our response to question 1, we are unable to provide the position of these cameras.
 

Total number of offences recorded at the top 3 fixed camera locations from 01/01/2020 – 31/12/2022, broken down by outcome

 

Offences Recorded

Location A Total

37499

  • Cancelled

11964

  • Paid/Licence Endorsed

7533

  • Prosecuted

3918

  • Retraining Course Attended And Completed

14084

Location B Total

29954

  • Cancelled

9053

  • Not Completed

110

  • Paid/Licence Endorsed

7062

  • Prosecuted

3770

  • Retraining Course Attended And Completed

9959

Location C Total

23173

  • Cancelled

5982

  • Not Completed

94

  • Paid/Licence Endorsed

7293

  • Prosecuted

2491

  • Retraining Course Attended And Completed

7313

 

APPENDIX A
 
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. 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
 
Your request for information has been considered and I regret to inform you that West Yorkshire Police cannot comply.  This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000.   
 
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 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. 
 
REASONS FOR DECISION
 
The reason that we are unable to provide you with this information is covered by the following exemption(s): 
 
Section 31(1)(a)(b) - Law Enforcement

Section 31 is a qualified, prejudiced based exemption. I am therefore obliged to conduct a harm and public interest test, for which my considerations can be found below;

Harm
Every effort should be made to release information under Freedom of Information. However, to provide information that would undermine operational policing would not be in the public interest. Disclosing the location of the most activated speed cameras across West Yorkshire would provide intelligence and cause harm in terms of the law enforcement capabilities of West Yorkshire Police. Any information released, no matter how small, would increase the risk to the public.

Factors favouring Disclosure
To disclose the information would adhere to the basic principle of being open and transparent which in turn would lead to a better-informed public.

Factors favouring Non-Disclosure 
Where the current or future law enforcement role of the force may be compromised by the release of information, the effectiveness of the force will be reduced. In this case, to disclose the location of the most activated speed cameras across West Yorkshire would enable individuals to potentially vandalise such cameras. This would put the public at risk and have a negative impact on our Policing resources.

Balancing Test
Whilst disclosure would adhere to the basic principle of being open and transparent, I believe that when weighed against the risk of further crime being committed, which could also impact on public safety, the factors favouring non disclosure far outweigh the factors for disclosure.