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HMP Britain

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #18620 email]

22nd October 2009

Dear HMP Britain

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI09-2530

I write in connection with your request for information dated 28th September 2009, which was received by Nottinghamshire Police on 29th September 2009, and acknowledged by e-mail on 29th September 2009. I note you seek access to the following information:-

Two of your police officers--Philip Parr and Charles Fletcher--were

found in court to have aided the Gunn crime syndicate.

I am curious as to how this corruption affected the force. I am

keen to receive any document that would help me establish the

extent of the infiltration, what information these corrupt officers

accessed and how this affected the force.

For example, did it aide the murder of John and Joan Stirland? Or

frustrate enquiries into the murder of Marion Bates or Derrick

Senior?

Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.

Decision

Please see enclosed response

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 1988.

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.

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 0115 9672507 or e-mail [email address] quoting the above reference number.

Yours sincerely

Freedom of Information Officer

Enc

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.

Two of your police officers--Philip Parr and Charles Fletcher--were

found in court to have aided the Gunn crime syndicate.

I am curious as to how this corruption affected the force. I am

keen to receive any document that would help me establish the

extent of the infiltration, what information these corrupt officers

accessed and how this affected the force.

It is a matter of public record that Philip Parr and Charles Fletcher were dealt with by the criminal court processes for offences involving Misconduct in a Public Office.

Nottinghamshire Police recognise that the cost of corruption and dishonesty is considerable. It can prevent successful prosecutions, result in wrongful convictions and make police operations ineffective. It can grow under the influence of one corrupt person who remains unrecognised or unchallenged and affect the whole organisation. Failure to deal with corruption and dishonesty effectively erodes the trust and confidence of the community in Nottinghamshire Police and allows criminality to flourish.

To that end Nottinghamshire Police have robust procedures and processes to identify, challenge and confront corruption issues should they occur. The effectiveness of these measures is demonstrated by the successful conviction of Fletcher and Parr.

We are unable to provide documentation with regard to the investigations that Nottinghamshire Police conducted under exemptions Section 30 Criminal Investigations and Section 31 Law Enforcement.

A disclosure under the Freedom of Information Act 2000 is in effect a release to the World and not just to the applicant of the request.

Considerations then have to be made on how a release of information may be used disclosure could reveal policing tactics, including how investigations are conducted, this could assist organisations and criminals to build pictures on how the Force operates which may lead them to change their behaviour to prevent being detected this could potentially jeopardise future law enforcement and investigations.

For example, did it aide the murder of John and Joan Stirland? Or

frustrate enquiries into the murder of Marion Bates or Derrick

Senior?

The murder of Mr and Mrs Stirland, Mrs Bates and Mr Senior, are investigations that have been subject to comprehensive investigation. This question is requiring an opinion of these cases. Requests under the Freedom of Information Act are about information held by the Force an opinion is not classed as a valid request.

This letter constitutes a refusal notice under Section 17 of the Freedom of Information Act 2000 with Section 30 Criminal Investigations and Section 31 Law Enforcement 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 -

  1. any investigation which the public authority has a duty to conduct with a view to it being ascertained -

    1. whether a person should be charged with an offence, or

    1. whether a person charged with an offence is guilty of it

  1. 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

  1. any criminal proceedings which the authority has power to conduct

(2) Information held by a public authority is exempt information if -

  1. it was obtained or recorded by the authority for the purposes of its functions relating to -

    1. investigations falling within subsection (1) a) or b)

    1. criminal proceedings which the authority has power to conduct

    1. 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

    1. civil proceedings which are brought by or on behalf of the authority and arise out of such investigations, and

  1. 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 -

  1. to any officer of the authority

  1. 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

  1. 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 -

  1. 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,

  1. 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,

  1. 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)

  1. proceedings before the Courts-Martial Appeal Court, and

  1. 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 1957.

(6) In the application of this section to Scotland -

  1. 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”

  1. 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

  1. for any reference to a person being charged with an offence there is substituted a reference to the person being prosecuted for the offence.

31. - (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice -

  1. the prevention or detection of crime

  1. the apprehension or prosecution of offenders

  1. the administration of justice

  1. the assessment or collection of any tax or duty or of any imposition of a similar nature

  1. the operation of the immigration controls

  1. the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained

  1. the exercise by any public authority of its functions for any of the purposes specified in subsection (2)

  1. any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment, or

  1. any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry rises out of an investigation conducted, for any of the purposes specified in subsection 2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment.

(2) The purposes referred to in subsection (1) g) to I) are -

  1. the purpose of ascertaining whether any person has failed to comply with the law

  1. the purpose of ascertaining whether any person is responsible for any conduct which is improper

  1. the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise

  1. the purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on

  1. the purpose of ascertaining the cause of an accident

  1. the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration

  1. the purpose of protecting the property of charities from loss or misapplication

  1. the purpose of recovering the property of charities

  1. the purpose of securing the health, safety and welfare of persons at work, and

  1. the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1 (1) a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).