Film no. 007CAM1/07, Gatsometer BV speed detection device

Dear D. M. Murray,

I acknowledge receipt of your correspondence received 07/04/2008 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

I am in the process of dealing with your request and will respond in due
course and in any case by 06/05/2008. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.

Regards,
Natalie Diddams
On behalf of the Freedom of Information Officer
Tel: 01244 614176
===================================
Cheshire Constabulary Headquarters
Clemonds Hey
Oakmere Road
Winsford
CW7 2UA
===================================

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you for your co-operation.

Dear Mr Murray

This Association of Chief Police Officers’ (ACPO) Code of Practice provides
the standards to the Police Service and safety camera partnerships to deal
with the provision of photographic evidence from enforcement devices.

There are several conditions that need to be met. One of which is:

7.2.2 Conditions for viewing should be that

Before any viewing of evidence takes place the individual’s identity must
be established and confirmed as a recipient of the Notice of Intended
Prosecution. In most cases this should be by driver’s license or passport.

Clearly, the above condition shows that we cannot make the entire film
cassette available to you.

On receipt of a written request we will forward to you copies of the
photographic images in relation to any offence to which you have received a
notice of intended prosecution.

With regard to your second request for the total number of notices issued,
we will not give out such information applying the public interest harm
test

ACPO states,

"Where it is not in the public interest to release information held by the
Police Service, the information will be withheld. The public interest is
not what interests the public but what will be of greater good, if
released, to the community as a whole.

It is not in the public interest to disclose information that may
compromise the force’s ability to fulfil its core function of law
enforcement. "

I will not release the number of fixed penalty notices issues for
individual cameras , as I believe it is not in the public interest to
release this information, and therefore exempt from release under the
freedom of information act by virtue of sections 31(1)(a) (b) and 38(1)(b)
of the Freedom of Information Act 2000. These exemptions are qualified
prejudice based exemptions and in deciding whether or not to apply the
exemptions it is necessary to apply both harm and public interest tests.

Harm:
It is in the interest of the public that our roads are kept safe. The
ability for safety camera technology to impact on road safety would be
diminished by the disclosure of such information and therefore prejudice
law enforcement.

It has been decided that the public interest favouring disclosure is
outweighed by the public interest in withholding the required information.
The below factors have been taken into consideration.

Factors favouring disclosure:

· Improved public awareness of the effectiveness of speed enforcement
cameras.
· Furthering public debate on the issue of enforcement cameras
· Financial Probity

Factors against Disclosure:

· Likely to seriously prejudice the purposes of the prevention and
detection of crime and the apprehension of offenders.
· Likely to be seriously detrimental to the safety of public.
· Increase in public expenditure as a result of the installation of
more enforcement cameras.
· Exemption provisions – Sections 31(1)(a) & (b) and 38(1)(b)

The exemptions claimed in this case are Sections 31(1) (a) & 31(1) (b) (Law
Enforcement) as well as Section 38(1) (b) (Health and Safety)

These exemptions are been claimed for the following reasons:

Cameras work by their deterrent nature. Roads users must be of the opinion
that each and every camera or site is likely to have a live cameras
operating within it. Release of site specific information may prejudice
this belief, as some sites may be used more than others. Release of site
specific information may then allow drivers to ascertain their relative
risk of being caught speeding. Such knowledge would possibly lead to a
reduction in compliance with speed limits, and therefore increases the risk
of further casualties.

I have no doubt that the release of this information would jeopardise the
safety of road users.

This view is shared by other Safety Camera Partnerships across the country
and also by the Association of Chief Police Officers (ACPO). In considering
whether exemptions would be applicable to site specific information in
October 2004, ACPO applied the public interest test to the disclosure of
such information and concluded that Section 31 was applicable because: “It
is in the interest of the public that our roads are kept safe. The ability
for safety camera technology to impact on road safety would be diminished
by the disclosure of such information and therefore prejudice law
enforcement. It is considered that the public interest in disclosing site
specific data at this level is outweighed by the potential consequences to
law enforcement and the impact of such a release on road safety measures.”

ACPO concluded that Section 38 Health and Safety was similarly valid
because: “The disclosure of specific data on camera sites would make the
camera deployment less effective which would impact on the safety of
pedestrians and road users at large.”

However, It may be that we will release this information on completion of
the roadworks.

You do of course have the right to challenge this decision, and that appeal
should be made in the first instance to the Freedom of information Officer
at Cheshire Constabulary Headquarters, at the address listed here.

I trust this information is of use to you, however if you require any
further information about the Partnership, please do not hesitate to
contact me.

Sgt Paul Martin
Cheshire Safer Roads Partnership

Dear Sir or Madam,

Please provide me with a copy, or make available to me to view in a
location near to where I live, a copy of the whole film cassette as
specified below:

Gatsometer BV Type 24+AUS speed detection device Camera location,
A5117 Shotwick Park Cassette serial number 61029 Camera serial number
286 3008 Film Reference No. 007CAM1/07

The time period in which I am interested is the day of 24/10/2007 but
I should also like to request information on the total number of
notices of intended prosecutions issued for contravention of the
temporary 40 mph speed limit, as recorded by that camera, and its
next neighbour in either direction, in the week preceding and the
week following 24/10/2007.

Yours faithfully,

D. M. Murray
This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
Cheshire Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.