Number of "fail to stop" incidents referred to the CPS by the police

Mr Mike Oxlarge

[email address]

Our ref: 1515

Dear Mr Oxlarge,

FREEDOM OF INFORMATION ACT 2000 REQUEST

Thank you for your request for the following information:

"I would like to request statistics regarding the number of "fail to stop"
road traffic incidents referred to the CPS for the Cheshire Constabulary
region over the following periods Nov 2006 - Oct 2007 Nov 2007 - Oct 2008,
could you please let me know how many resulted in a successful conviction
and how many didn't".

Your request was received 7 November 2008 and I am dealing with it under
the terms of the Freedom of Information Act 2000. Please note there is a
twenty working day limit (from receipt of request) in which we are
required to respond to requests under the Freedom of Information Act 2000.

The deadline for your request is 5 December 2008. However, we will
endeavour to respond sooner.

In some circumstances a fee may be payable and if that is the case, I will
let you know that likely charges before proceeding.

Yours sincerely,

Information Management Unit

Crown Prosecution Service

07 November 2008

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Mr Mike Oxlarge

[email address]

Our ref: 1515

Dear Mr Oxlarge

FREEDOM OF INFORMATION ACT 2000 REQUEST

Thank you for your Freedom of Information Act request which was received
on 7 November 2008. In that request, you asked for statistics regarding
the number of "fail to stop" road traffic incidents referred to the CPS
for the Cheshire constabulary region from November 2006 - October 2007 and
November 2007 - October 2008. You also asked for information whether the
incident resulted in a successful conviction and how many didn't.

Section 1 of the Freedom of Information Act 2000 creates a statutory right
of access to information held by public authorities, i.e. the Crown
Prosecution Service (CPS). This right is to be informed whether the
information requested is held by the public authority or not, and if the
information exists, for it to be communicated. A public authority must
reply to such a request promptly and in any event, not later than twenty
working days after receipt.

The individual's right to information is not unqualified and subject to a
number of exceptions and exemptions that are contained within the Act. The
majority of these exemptions are qualified, that is to say the decision
whether to confirm or deny the information's existence or to disclose the
requested material, will be subject to a public interest.

The Freedom of Information Act is a public disclosure regime, not a
private regime. Any information disclosed under it is thereafter deemed to
be in the public domain, and therefore freely available to the general
public.

Please see the table below which sets out the number of cases the CPS
recorded for a fail to stop offence contrary to the Road Traffic Act in
the Cheshire area and reached a first hearing in the magistrates' courts.

Offences in Magistrates' Courts under Section 170(4) Road Traffic Act 1998

+------------------------------------------------------------------------+
| Area | Act and Section |Nov 06 - Oct 07|Nov 07 - Oct 08|
|---------+------------------------------+---------------+---------------|
|Cheshire |Road Traffic Act 1998 {170(4)}| 467 | 407 |
+------------------------------------------------------------------------+

With regards to whether the incident resulted in a successful conviction
and how many did not, the CPS does not hold this information in a
consolidated format. To collate the information you have requested, would
require a CPS Official to locate and retrieve every case file, examine
each file to establish and record whether the case resulted in a
conviction or not. This would take us over the appropriate limit of £600
as set for Central Government Department, or 3 ½ days for Officials to
search, locate and retrieve the requested information, as defined at
s12(1) of the Freedom of Information Act.

If you are unhappy with the decisions made in relation to your request
from the Crown Prosecution Service you may ask for an internal review
within two calendar months of the date of this letter. If you wish to
request an internal review, please contact the Freedom of Information Unit
(Appeals), 50 Ludgate Hill, London, EC4M 7EX.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

            Information Commissioner's Office

            Wycliffe House

            Water Lane

            Wilmslow

            Cheshire

            SK9 5AF

Yours sincerely

Ms Begum

Information Management Unit

Crown Prosecution Service

27 November 2008

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