Information Governance Unit Information Management Branch |
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Mr Steve Bird
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Our ref: IM/CB/GSA/1908/08 |
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When calling or telephoning please ask for Caroline Barker
15th December 2008 |
Dear Mr Bird,
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 1908/08
I write in connection with your request for information received by Greater Manchester Police. I note you seek access to the following information:-
For each of the last three financial years(05/06)and (06/07) and
(07/08) please state if any drugs seized by your force have then
been either lost or stolen from you or otherwise unaccounted for?
If so please give a date for each incident along with the type of
drug, the quantity and a brief account of how it was
lost/stolen/unaccounted for.
Following receipt of your request searches were conducted within Greater Manchester Police to locate information relevant to your request. I can confirm that the information you have requested is held by Greater Manchester Police.
Result Of Searches
Section 17 of the Freedom of Information Act requires Greater Manchester Police, when refusing to provide such information (because the information is exempt) to provide you, the applicant, with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
The above requested information is exempt under Section 30(1)(a)(b)(c), (2)(a) “Investigations and Proceedings” that are conducted by public authorities. It is considered that if this information was to be disclosed it is likely to prejudice our policing investigations and criminal proceedings.
Section 30 is a qualified class based exemption, which requires a public interest test. Please find below the relevant public interest test
Public Interest Test
Considerations favouring Disclosure
Accountability
The purpose of The Freedom of Information Act is to make public authorities more accountable, therefore disclosure of the requested information would enable the general public to be aware of how Greater Manchester Police efficiently and effectively manages drugs which have been seized
Public Awareness and Debate
Where disclosure of information about issues of general concern may assists individuals, disclosure of the requested information could empower or contribute to more accurate public debate surrounding the seizure of drugs by GMP and how the force manages such seizures.
Considerations Favouring Non-Disclosure
Investigations
It is the Association of Chief Police Officers approach, that information, which forms part of an investigation, will rarely be disclosed under the provision of the Freedom of Information Act. Furthermore, it is rare that information, which forms part of an ongoing investigation, will be disclosed, as to do so, will invariable release personal information, law enforcement techniques and in the case of uncompleted cases, this would potentially damage the criminal justice process. In this particular case, the harm in disclosing the requested information is likely to prejudice ongoing investigations and proceedings.
Efficient And Effective Conduct Of The Service/A Force
Where the current or future law enforcement role of the force may be compromised by the release of information. In this particular case the disclosure of the requested information is likely to prejudice any ongoing investigations. Greater Manchester Police, will not release information into the public domain that will impact on the efficient and effective conduct of the force or prejudice any ongoing investigations.
Balancing Test
When balancing the public interest test we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Accountability, which needs to be compared to the negative reason, which in this particular case is Investigations.
Complaint Rights
Your attention is drawn to the attached sheet, which details your right of complaint.
Should you require any further assistance or clarification then please do not hesitate to contact me.
Yours faithfully
Caroline Barker
Information Access Officer
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the decision is incorrect?
You have the right to require Greater Manchester Police to review their decision.
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 looked at again is to telephone the case officer that is nominated at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of Greater Manchester Police made under the Freedom of Information Act 2000 regarding access to information, you can lodge a complaint with Greater Manchester Police to have the decision reviewed.
Complaints should be made in writing and addressed to:
Freedom of Information Officer
Greater Manchester Police
Police Headquarters
8th Floor
Chester House
Boyer Street
Manchester
M16 0RE
The Information Commissioner
After lodging a complaint with Greater Manchester Police if you are still dissatisfied with the decision you can 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 www.informationcommissioner.gov.uk. Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700
Information Management Branch, Information Governance Unit
Greater Manchester Police, PO Box 22, Chester House, Boyer Street, Manchester. M16 0RE.
Tel: 0161 856 2529 Fax: 0161 856 2535, Minicom: 0161 872 6633 E-mail: [email address]