Dear Sir or Madam,

I would like to know how many reported fail to stop incidents there
have been over the past 2 years in the cheshire constabulary region
and what percentage were passed to the cps, also what percentage
were actually passed to the cps and subsequently refused by the
cps.

Yours faithfully,

Jason Podmore

Dear Mr Oxlarge,

I acknowledge receipt of your correspondence received 17/10/2008 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 14/11/2008. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.

Regards,

Mrs Sarah L Davies
Freedom of Information Compliance Officer
Tel: 01244 616556
===================================
Cheshire Constabulary Headquarters
Clemonds Hey
Oakmere Road
Winsford
CW7 2UA
===================================

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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.

Dear Mr Oxlarge,

I refer to your recent request for information under the Freedom of
Information Act 2000 as set out below:

I would like to know how many reported fail to stop incidents there
have been over the past 2 years in the cheshire constabulary region
and what percentage were passed to the cps, also what percentage
were actually passed to the cps and subsequently refused by the
cps.

In accordance with section 1(1) (b) of the Act our response is provided
below;

The numbers of fail to stop road traffic collisions for the past two years
is as follows:

Nov 2006 - Oct 2007 : 1132
Nov 2007 - Oct 2008 : 416

Total : 1548

We are unable to provide information in relation to the second and third
parts of your request, referral to CPS. To obtain this information would
require a manual examination of each file to determine how it was finalised
and what, if any, comments or instruction had been made by the CPS. This it
is estimated would exceed the appropriate limit. The appropriate limit is
defined in the Data Protection and Freedom of Information (Fees and
Appropriate Limit) Regulations 2004, which is covered by statutory
Instrument Number 3244 of 2004. Furthermore, section 12 of the Freedom of
Information Act 2000 allows a public authority to refuse to respond to a
request for information where the cost of compliance would exceed the
appropriate limit as defined by the above mentioned regulations.

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

(See attached file: FOI Appeals procedures.doc)

Regards

John Gannon
Freedom of Information Officer
01244 614176

show quoted sections

Dear Sir or Madam,

The Information I assume will be stored on a database, I would be
very surprised if you have to manually trawl through records to see
if they were passed to the CPS or not, I request that you
reconsider your verdict that the costs of doing this would be
prohibitively expensive under Data Protection and Freedom of
Information (Fees and
Appropriate Limit) Regulations 2004, which is covered by statutory
Instrument Number 3244 of 2004, as a database administrator myself
I fail to see how a five minute job would cost over £450 (that
being the upper limit) and charged at the rate of £25/hr (the rate
specified in the DPA regulations you qouted) comes to 18 hours
worth of work, this is more than enough to mine the relevant data
from your systems as a query once written for the database will
take all of 3 seconds maximum to display the results.

Yours sincerely,

Mike Oxlarge

Dear Mr Oxlarge,

Thank you for your email dated 07/11/2008 requesting a review of our
response to your request under the Freedom of information Act 2000.

Your request has been forwarded to Mr Nick Regan who has been appointed by
the Authority to act as an independent appeals/reviewing officer.
In accordance with our current policy a response to your request for a
review will be provided on or before the 07/01/2009.

If you require any further information you may contact Mr Regan direct on
the following:

By telephone: 01244 614113

or by email to

[email address]

You can of course contact me direct over this or any other FOI matter at
any time using the contact information already provided.

Regards

John Gannon
Freedom of information Officer
01244 614176

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.

Dear Mr Oxlarge,

I write further to your request for an Appeal following your request for
information received by the Constabulary on the 17^th October 2008

At this point I would apologise for the protracted delay in communicating
the findings of the Appeal. I am conscious that in writing to you today,
the time taken to advise you of my findings period has been delayed by a
number of months. Should you find yourself requesting another appeal the
future, I will ensure that the response is a timely one.

In carrying out this Appeal, I have referred to the legislation guidance,
the Code of Practice on the Discharge of the Functions of Public
Authorities under Part 1 of the Freedom of Information Act. I have also
taken into account the ACPO Freedom of Information Act Manual of Guidance
and the contents of your email dated 7^th November 2008.

Your original question was as follows:

I would like to know how many reported fail to stop incidents there have
been over the past 2 years in the Cheshire Constabulary region and what
percentage were passed to the CPS , also what percentage were actually
passed to the CPS and subsequently refused by the CPS.

I would advise that after considering the original request and the
associated response from the Constabulary, the original decision is upheld
and that the information requested in the 2^nd and 3^rd parts of your
request are subject to the S12, where the cost of complying would exceed
the appropriate limit.

To establish the percentages requested in respect of parts 2 and 3 of your
request, I would advise that this information is not automatically
collated by the Constabulary and as such, it would necessitate a manual
inspection of each record to ascertain the percentage requested. The
defined time limit in the Data Protection and Freedom of Information (Fees
and Appropriate Limits) Regulations 2004 would compute to less than 1
minute per manual check of each record identified in the number disclosed
under part 1.

Under the Freedom of Information Act 2000, you have further recourse for
appeal, if required, to the Information Commissioner. Information can be
obtained about the appeal procedure from:

The Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK8 5AF

Regards,

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.