Section 60 statistics, applications and notifications 2008/09

Dear Mr. O'Shea,

I write in connection with your application for information which was
received by Merseyside Police on 05/03/2009. I note that you seek access to
the following information:

(Paraphrased) Information relating to section 60, Criminal Justice & Public
Order Act 1994.

This is to inform you that I can not identify any specific records /
documents that will satisfy your request based on the details you have
provided. To enable Merseyside Police to meet your request could you please
provide this office with further information. I provide some guidance that
may assist you more clearly to describe the information you require:

You ask, " What kinds of information is held on record by Merseyside Police
relating to individuals, convicted of no crime, and yet stopped and
searched under Section 60?"

In the above format, the application means that you are only seeking
information in relation to persons who have never been convicted of crime,
but have been stopped under a section 60 authority. If this is what you
mean then the cost exemption is likely to be engaged in responding to the
application. Clearly when police stop persons under a section 60 authority,
they will not always know who the individual is or their criminal history.
However, I suspect, perhaps incorrectly, the question that you seek an
response to may be,

Where a person is stopped under a section 60 authority, and is not further
proceeded against by Mersesyide Police, what personal information will be
recorded by Mersesyide Police as a result of the section 60 stop?

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory time scale of
20 working days as defined by the Freedom of Information Act 2000, subject
to the information not being exempt or containing reference to a third
party.

However, if the requested information has not been received by one month
after the above date, I will consider that you no longer wish to proceed
with this request and it will be treated as withdrawn.

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

Yours faithfully,

D Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO BOX 59
LIVERPOOL
L69 1JD

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Dear Mr. O'Shea,

Reference No : DJAN- 7PUMRU (please quote in all correspondence)

Thank you for your application for information dated 05/03/2009, received by Merseyside Police and your
clarification e-mail received today, (09/03/2009), I note that your are seeking information relating to:

(paraphrased) : (1) copies or reports et., relating to section 60 powers, (2) copies of written and signed
authorities relating to section 60(9) and (3) information advising what personal data is retained as a result of a
section 60 stop, where no further police action is required.

Your request will be dealt with under the terms of the Freedom of Information Act 2000 and will now be considered.
You will receive a response within the statutory time-scale of 20 working days as defined by the Act, subject to the
information not being exempt nor containing a reference to a third party. In the event that we are not able to
achieve this deadline you will be informed at the earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this
is the case you will be informed and the 20 working day time scale will be suspended until we receive payment from
you.

Some requests may also require either full or partial transfer 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.

Yours faithfully,

D. Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO Box 59,
LIVERPOOL L69 1JD
Fax: 0151 777 7099
Email : [Merseyside Police request email]

Further information in respect of Freedom of Information and Merseyside
Police can be found on the Force website at:
http://www.merseyside.police.uk/html/sup...

Mr. O'Shea

I write in connection with your request for information, dated 04/03/2009
concerning:

(summary of request) application of Section 60 Criminal Justice & Public
Order Act, 1994 powers and associated information.

The public interest in providing a response to you is currently under
consideration.

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1)(a) of the Act, which is our
duty to confirm whether or not the information requested is held and
secondly we must comply with section 1 (1)(b), which is the provision of
such information. However, when a qualified exemption applies either to the
confirmation or denial or the information provision and the public interest
is engaged, the act allows the time for response to be longer than 20
working days, if the balance of such public interest is undetermined.

In this case we have not yet reached a decision on where the balance of the
public interest lies in respect of either of the above obligations. We
estimate that is will take an extra 15 working days to take a decision on
where this balance lies. Therefore we plan to let you have a response by
24/04/2009. If it appears that it will take longer than this to reach a
conclusion, you will be kept informed.

The specific exemption(s) which apply in relation to your request is/are;

Section 21, Freedom of Information Act 2000 and
section 31 Freedom of Information Act 2000.

Consideration as to the appropriateness of disclosure is currently taking
place. Taking that into account this email acts as a refusal notice under
Section 17* in that it informs you that it;

confirms that a response will not be provided within 20 working days,
provides the exemptions presently under consideration and
states (if that would otherwise be apparent) why the exemptions may
apply following public interest considerations.

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

As stated above it is my intention to respond further by the date stated.

Complaint information (See attached file: Complaints info FOI.doc)

I apologise for any inconvenience caused.

Yours faithfully

D Jackson
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Subject: FOI - Extension Notice - DJAN-7PUMRU (please quote in all
correspondence) (DJ 25/09)

Mr. O'Shea

I write in connection with your request for information, dated 04/03/2009
concerning:

(summary of request) application of Section 60 Criminal Justice & Public
Order Act, 1994 powers and associated information.

The public interest in providing a response to you is currently under
consideration.

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1)(a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with section 1 (1)(b), which is the provision of
such information. However, when a qualified exemption applies either to
the confirmation or denial or the information provision and the public
interest is engaged, the act allows the time for response to be longer
than 20 working days, if the balance of such public interest is
undetermined.

In this case we have not yet reached a decision on where the balance of
the public interest lies in respect of either of the above obligations.
We estimate that is will take an extra 9 working days to take a decision
on where this balance lies. Therefore we plan to let you have a response
by 08/05/2009. If it appears that it will take longer than this to reach
a conclusion, you will be kept informed.

The specific exemption(s) which apply in relation to your request is/are;

Section 21, Freedom of Information Act 2000 and
section 31 Freedom of Information Act 2000.

Consideration as to the appropriateness of disclosure is currently taking
place. Taking that into account this email acts as a refusal notice under
Section 17* in that it informs you that it;

confirms that a response will not be provided within 20 working days,
provides the exemptions presently under consideration and
states (if that would otherwise be apparent) why the exemptions may apply
following public interest considerations.

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

As stated above it is my intention to respond further by the date stated.

Complaint information

I apologise for any inconvenience caused.

Yours faithfully

D Jackson
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Subject: FOI - Extension Notice - DJAN-7PUMRU (please quote in all
correspondence) (DJ 25/09)

Mr. O'Shea

I write in connection with your request for information, dated 04/03/2009
concerning:

(summary of request) application of Section 60 Criminal Justice & Public
Order Act, 1994 powers and associated information.

The public interest in providing a response to you is currently under
consideration.

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with section 1(1)(a) of the Act, which is
our duty to confirm whether or not the information requested is held and
secondly we must comply with section 1 (1)(b), which is the provision of
such information. However, when a qualified exemption applies either to
the confirmation or denial or the information provision and the public
interest is engaged, the act allows the time for response to be longer
than 20 working days, if the balance of such public interest is
undetermined.

In this case we have not yet reached a decision on where the balance of
the public interest lies in respect of either of the above obligations.
We estimate that is will take an extra 14 working days to take a decision
on where this balance lies. Therefore we plan to let you have a response
by 29/05/2009. If it appears that it will take longer than this to reach
a conclusion, you will be kept informed.

The specific exemption(s) which apply in relation to your request is/are;

Section 21, Freedom of Information Act 2000 and
section 31 Freedom of Information Act 2000.

Consideration as to the appropriateness of disclosure is currently taking
place. Taking that into account this email acts as a refusal notice under
Section 17* in that it informs you that it;

confirms that a response will not be provided within 20 working days,
provides the exemptions presently under consideration and
states (if that would otherwise be apparent) why the exemptions may apply
following public interest considerations.

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

As stated above it is my intention to respond further by the date stated.

Complaint information

I apologise that I am not permitted to provide you with a response at this
time.

Yours faithfully

D Jackson
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

Making a complaint or appeal about your
Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made

about your Freedom of Information request. If this is the case there is an

internal complaints procedure that should be followed.

Stage one – Internal review.

You should make your complaint in writing to:

Disclosure Unit
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL
L69 1JD

It should detail:

What the original request was
The nature of the complaint
Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a staff
member who was not involved in the original decision. We will write to you
to advise the outcome of your complaint.

Stage two – Complaint to Information Commissioner

If you are dissatisfied with the results of your complaint you have the

right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner

Wycliffe House

Water Lane

WILMSLOW

SK9 5AF

More information is available from the Information Commissioner's website

http://www.ico.gov.uk, especially at:

http://www.ico.gov.uk/upload/documents/l...

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Response - FOIA Application - DJAN- 7PUMRU (please quote in all
correspondence)

I write in connection with your request for information which was received
by Merseyside Police on 05/03/2009. I note that you seek access to the
following information:

(paraphrased) : information relating to section 60, Criminal Justice &
Public Order Act 1994.

Following receipt for your request searches were conducted within the
Merseyside Police to locate information relevant to your request. I can
confirm that some of the information that you requested is held by
Merseyside Police.

Extent of searches to locate information.

To locate the information relevant to your request, searches were conducted
in Information Bureau Records, Citizen Focus and ISB Records.

Result of searches.

The searches located some records relevant to your request.

Decision.

I have today been authorised by the decision maker in this case,
N.J.Boardman, Head of Information Bureau to:

disclose information related to your requests in respect of stops in full;
and
fully exempt information related to your further requests pursuant to the
provisions of section 12 and 21 Freedom of Information Act 2000;
that is the cost exemption and as the information is reasonably accessible
by other means.In terms of the information exempt under section 12, 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. It is estimated
that it would take in excess of 18 hours work, which equates to the cost
limit of £ 450:00p to comply with your request.

In accordance with the Freedom of Information Act 2000, this letter acts as
a Refusal Notice in relation to the matters which are subject to
exemptions..

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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.

In respect of all the requests above, under the duty in section 16 of the
Act, the duty to be helpful, I have provided information, shown as
additional information which I believe will be of assistance to you.

Please find attached information relating to your request in the schedule
below.

Making a complaint or an appeal

Your attention is drawn to the sheet attached below which details your
rights of complaint.

Should you have any further inquiries concerning this matter, please write
or e-mail me, on the below address, quoting the reference number above.

Yours faithfully

D Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

Schedule(s) of disclosed information: (See attached file: 0605
1651 (nv27-09) SStable DMNJB.doc)

___________________________________________________________________________

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that you should follow.

You should make your complaint in writing to:

Merseyside Police
Force Information Manager
Information Management & Disclosure Department
PO Box 59
LIVERPOOL
L69 1JD

It should detail:
q What the original request was
q The individual reference number (if known)
q The nature of the complaint
q Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a staff
member who was not involved in the original decision. We will write to you
to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

The Office of the Information Commissioner
Wycliffe House
Water Lane
WILMSLOW
SK9 5AF

More information is available from the Information Commissioner's website

http://www.ico.gov.uk/upload/documents/l...

Dear Mr. O'Shea,

Thank you for you e-mail dated 04/06/2009 in connection with your Freedom
of Information application relating to section 60, PACE statistics and
related information.

Firstly can I apologies for the delay in sending this response to you.

Your request has been considered. Exemption of information has not been
made solely on the grounds of section 12 FOIA (cost exemption) but also on
the grounds of section 30, 38 and 40 FOIA, as stated in the response table.
In the circumstances that you describe the additional exemption provisions
are still engaged and therefore the information does not fall to be
disclosed.

You of course have the right to have the matter consider in terms of an
internal review of the response sent to you and then should you not be
dissatisfied, to request an review by the Information Commissioner. Details
of the process are attached on the attached notice.

(See attached file: Complaint Notice.doc)

I trust that this explains the current position to you. Should you wish to
invoke your right to an internal review, you must do so in writing which of
course will include a reply by e-mail to this e-mail address.

Yours Faithfully

D. Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
PO Box 59
LIVERPOOL
L69 1JD

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================