RIPA

Dear Mr Flynn

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI2161/1

I write in connection with your request for information dated and received
on 19th October 2009.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances West Mercia Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the
information you request. If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you. If
you chose not to make payment then your request will remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely

Miss L MacKinnon

Information Compliance Assistant

Information Compliance Unit

Information Management and Technology Department

01905 331565

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Dear Mr Flynn

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 2161

I write in connection with your request for information which was received
on 19^th October 2009. Please find below the response to your request:

Please be advised that Section 1 of the Freedom of Information Act 2000
(FOIA), places two duties on public authorities. Unless exemptions apply,
the first duty at Sec1 (1)(a) is to confirm or deny whether the
information specified in a request is held. The second duty at Sec1 (1)(b)
is to disclose information that has been confirmed as being held. Where
exemptions are relied upon s17 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.

I can advise that information provided below relates to Directed
Surveillance, West Mercia Police can neither confirm nor deny that it
holds any further information in relation to this 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 23(5) Information relating to the Security bodies;

Section 24(2) National Security;

Section 30(3) Investigations;

Section 31(3) Law enforcement

This should not be taken as conclusive evidence that any information that
would meet your request exists or does not exist.

Section 23 is an absolute exemption but sections 24(2), 30(3)), and
31(3)are qualified and require us to carry out a public interest balancing
test before they can be relied upon.

In respect of all three qualified exemptions we have determined that in
all the circumstances of the case, the public interest in maintaining the
exclusion of the duty to confirm or deny outweighs the public interest in
confirming whether we hold the information

Disclosure Considerations.

To confirm or deny any Police actions in this specialist tactical area
would undermine ongoing investigations, reveal policing techniques, risk
the identification of individuals, the possibly of revealing involvement
of any exempt bodies and the risk in undermining National Security.

The Police Service is committed to demonstrating proportionality and
accountability regarding surveillance techniques to the appropriate
authorities. However, if the Police Service were to either confirm or deny
further information is held in response to these questions, other covert
surveillance tactics will either be compromised or significantly weakened.
If the Police Service denies a tactic is used in one request but then
exempts for another, requesters can determine the `exempt' answer is in
fact a technique used in policing. The impact could undermine national
security, any on-going investigations and any future investigations, as it
would enable targeted individuals/groups to become surveillance aware.
This would help subjects avoid detection, and inhibit the prevention and
detection of crime.

Factors Favouring Compliance with Section 1(1) a (To confirm or deny)

Confirming or denying that these powers have been used would increase
public scrutiny of police actions and in turn hold the police service to
account.

It is appreciated that members of the public will naturally be interested
in techniques employed for surveillance. Likewise, we also understand some
people believe surveillance (in any form) is used too widely, and
therefore an unnecessary intrusion into their privacy. Confirmation or
denial of the use of this operational tactic will enable better informed
public debate.

Factors favouring the need to NCND

To confirm or deny if this information does or does not exist will render
policing tactics ineffective as previously outlined. A legislative
scrutiny framework already exists for RIPA activity: Police surveillance
activity is subject to annual inspection by the Interception of
Communications Commissioners Office (IOCCO) and Office of Surveillance
Commissioners (OSC). These inspections assess each constabulary's
compliance with the legislation and a full report is submitted to the
Prime Minister and Scottish Ministers containing statistical information.

1. How many employees have the power to authorise the use of RIPA, and
what is their designated grade?

REPLY: Directed surveillance cannot be authorised below the rank of
Superintendent. Where a Superintendent is absent and the case is urgent,
written authority may be given by an officer not below the rank of
Inspector. Intrusive surveillance requires the authorisation of a Chief
Constable or equivalent. Information regarding the legislation can be
found by accessing the following links:

[1]http://www.surveillancecommissioners.gov...

[2]http://security.homeoffice.gov.uk/ripa/p...

108 employees within West Mercia Police have the power to authorise RIPA.
The grades of these officers are given below:

Deputy Chief Constable

Assistant Chief Constable

Chief Superintendent

Detective Chief Superintendent

Superintendent

Chief Superintendent

Detective Chief Inspector

Inspector

Detective Inspector

2a. How many times has RIPA powers been used in the last 2 years?

REPLY:

There were 171 Directed Surveillance authorities in 2007/08

There were 238 Directed Surveillance authorities in 2008/09

2b. On what dates were the requests made?

REPLY: Please see the below figures which show how many authorities were
made each month

2007/2008:

Apr 0

May 0

Jun 0

Jul 1

Aug 14

Sept 16

Oct 31

Nov 23

Dec 16

Jan 4

Feb 24

Mar 22

2008/2009:

Apr 29

May 17

Jun 23

Jul 21

Aug 24

Sept 15

Oct 20

Nov 16

Dec 19

Jan 15

Feb 17

Mar 21

Apr 1

3a. For what purposes was RIPA used, what type of investigation was being
undertaken?

2007/2008

Directed Surveillance: 152

Property Interference: 19

2008/2009

Directed Surveillance: 204

Property Interference: 34

2007/2008

Anti-Social Behaviour= 7

Arson= 7

Burglary= 30

Criminal Damage= 5

Drugs= 45

Firearms= 8

Licensing= 3

Offences against the person 20

(including murder/attempt murder/GBH/Threats to kill/kidnap/domestic
violence/people trafficking etc)

Robbery= 6

Sexual Offences= 16

(including rape/sexual offences/ paedophile/prostitution etc)

Theft= 15

(including vehicle/other/blackmail/fraud/counterfeit
currency/forgery/bogus officials/handling etc)

Vehicle Crime= 7

Vulnerable Adult= 2

2008/2009

Anti-Social Behaviour= 2

Arson= 1

Burglary= 33

Criminal Damage= 7

Drugs= 80

Firearms= 7

Licensing= 1

Offences Against the person 58

(including murder/attempt murder/GBH/Threats to kill/kidnap/domestic
violence/people trafficking etc)

Public Order= 2

Robbery= 8

Sexual Offences= 18

(including rape/sexual offences/ paedophile/prostitution etc)

Theft= 21

(including vehicle/other/blackmail/fraud/counterfeit
currency/forgery/bogus officials/handling etc)

3b. What was the motivation for using RIPA?

REPLY: The prevention and detection of crime

3c. What were the outcomes of the RIPA requests?

2007/2008:

Arrest 59

Intelligence 45

Seizure 14

Disruption 24

Other 9

None 78

2008/2009:

Arrest 80

Intelligence 73

Seizure 25

Disruption 13

Other 24

None 93

Please be advised that there can be more than one outcome for any
request

4a. Over the past 2 years, by each year, how many people have been
prosecuted as a result of evidence gathered through the use of RIPA
sanctioned investigations, and

4b. How many of these prosecutions have led to convictions?

REPLY: Please be advised that the information that you have requested is
not available in a readily retrievable format. We are unable to search
West Mercia Police recording systems to establish how many persons have
been prosecuted as a result of evidence gathered through the use of RIPA
sanctioned investigations and therefore would have to review each
prosecution case individually, to assess the evidence gathered and the
outcome of the case, in order to identify information that would be
relevant to your request. Therefore the cost of providing you with the
information is above the amount to which we are legally required to
respond i.e. the cost of locating and retrieving the information exceeds
the `appropriate level' as stated in the Freedom of Information (Fees and
Appropriate Limit) Regulations 2004.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice for this part of the request

In accordance with Section 16 of the Act I have a duty to provide advice
and assistance in relation to your request, however due to the volume of
cases that would need to be examined I have been unable to identify data
which could be provided within the cost ceiling. Also, I have been advised
that as the use of RIPA is a sensitive policing method it may not always
have been disclosed in court

Every effort has been made to ensure that the information provided by our
Criminal Investigation Department is as accurate and comprehensive as
possible.

Your attention is drawn to the below which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely

Miss R Forrest

Information Compliance Unit

Information Management and Technology Department

West Mercia Police

PO Box 55

Hindlip

Worcester

WR3 8SP

01905 331545 / 331565

West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 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, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

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 West Mercia Police (WMP) to review their
decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person 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 person named 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
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of Information
request. Complaints should be made in writing and addressed to:

West Mercia Police Headquarters

Information Management and Technology Department

Hindlip Hall

Hindlip

PO Box 55

Worcester

WR3 8SP

In all possible circumstances, WMP will aim to respond to your complaint
within 2 months.

The Information Commissioner

After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make 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 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 545700

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