Mr John Bull

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #649 email]

17^th June 2008

Dear Mr Bull

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI 08-1519

I write in connection with your request for information dated 30^th May 2008, which was received by Nottinghamshire Police and acknowledged by e-mail on 30^th May 2008. I note you seek access to the following information:-

1) How many people your force arrested under the terrorism act (2000) in the last year?

2) The section of the act they were arrested under?

3) For how many the charges were then dropped?

4) How many were charged with offences unrelated to the original arrest?

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.

1) How many people your force arrested under the terrorism act (2000) in the last year?

2) The section of the act they were arrested under?

3) For how many the charges were then dropped?

4) How many were charged with offences unrelated to the original arrest?

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

The (police force) can neither confirm nor deny that it holds information relevant to your request as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions.

Section 24(2) National Security

Section 30(3) Investigations

Section 31(3) Law Enforcement

Section 38(2) Health and Safety

This refusal should not be taken to mean that the information you have requested exists or does not exist.

In line with Section 17(1) of the FoIA it is required that we articulate the public interest considerations for the use of NCND within exemptions 24, 30, 31 and 38.

In so far as section 24(2) 30(3) S31(3) and S38(2) apply, I am satisfied that the balance of public interest lies in maintaining the exclusion of the duty to confirm whether information is held by the Constabulary.

Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service are appropriately and effectively engaging with the threat posed by terrorist attack, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive area of terrorism prevention. To confirm or deny that this level of policing activity has or has not occurred in any specific area would enable those engaged in criminal or terrorist activity to identify the focus of policing activity across the UK. For example, to state that no information is held in one area and then exempt information held in another would itself provide acknowledgment that anti-terror arrests have been made at that second location. This would have the likelihood of identifying location-specific operations, enabling individuals becoming aware of whether or not their activities have been detected, and ultimately compromising police tactics, operations and future prosecutions. Any information identifying the focus of anti-terror policing activity could be used to the advantage of terrorists or criminal organisations. Information that undermines the operational integrity of these activities will adversely affect public safety, and have a negative impact on both National Security and law enforcement.

As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of National Security this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for disclosure is not made out.

The following link might assist you :-

http://www.homeoffice.gov.uk/security/terrorism-and-the-law/