Dear Mr Fox,

FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER 1759.09

I write in connection with your request for information dated 12 May 2009 which was received by North Yorkshire Police on 13 May 2009. I note you seek access to the following information:

Following receipt of your request searches were conducted within North Yorkshire Police to locate information relevant to your request. I can confirm that the information you have requested is held by North Yorkshire Police.

Extent Of Searches To Locate Information

To locate the information relevant to your request searches were conducted at the Fleet Department.

Result Of Searches

The searches located records relevant to your request.

Decision

I have decided to refer you to my replies reference 1687.09, dated 1 May 2009 and 1692.09 dated 5 May 2009, to answer question 1.

I have also decided to fully exempt the information to answer question 2 pursuant to the provisions of section 31 of the Act.

Reasons For Decision

Section 31 Law Enforcement, a qualified, prejudiced-based exemption.

Harm Test

Information is exempt if its disclosure under this Act would, or would be likely to prejudice the apprehension or prosecution of offenders. In this case the release of the number of unmarked cars used for traffic duties may assist persons in obstructing officers apprehending alleged offenders.

Public Interest Test

Considerations Favouring Disclosure

Accountability:

When information disclosed relates directly to the efficiency and effectiveness of the force or its officers, from how an individual or the force fulfils their role or function.

Considerations Favouring Non Disclosure

Efficient & Effective Conduct of the Force:

Where the current or future law enforcement role of the force may be compromised by the release of information. In this case information may be used by persons wanting to obstruct officers when they are in the process of conducting their law enforcement duties. To release this information into the public domain may provide persons with information which would enable them to resist arrest and or obstruct police officers in their duty.

Complete Balancing Test

After weighing up the competing interests I have determined that the disclosure of the above information would not be in the public interest. I consider that the benefit that would result from the information being disclosed does not outweigh the benefit from disclosing information.

Complaint Rights

Your attention is drawn to the attached sheet which details your right of complaint.

Should you have any further inquiries concerning this matter, please write quoting the reference number above.

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