Information on Northumbria Police's policy on Periodically Reviews and also National Procedure for Category A incidents ... (Requested by Martin McGartland) ...

Martin McGartland (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Northumbria Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Roedd y cais yn rhannol lwyddiannus.

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

I note from following FOIA request (Request 0566/10 – Unsolved Murders; http://www.northumbria.police.uk/Images/... ) that Northumbria Police have stated within that reply that; “In response to question 5 "Unsolved murders and cases of that importance are never closed and are periodically reviewed, if new information is received or there are new forensic developments these are acted upon."

Under the Freedom of Information Act I am requesting all recorded information you hold concerning the following;

1. How often would such cases be ‘periodically reviewed’?

2. Number of times the Stephen Sweeney case has been ‘periodically reviewed’ during the past 14 years?

3. Regards 2 above, who carried out those reviews, i.e. the SIO, cold case team etc.?

4. I have just been informed that there is a national procedure for the review of category A incidents. Do Northumbria Police follow the national procedure for the review of category A incidents?

5. Regards 4 above, please supply me with all recorded information you hold concerning national procedure for category A incidents and also your policy on same.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Northumbria Police

Freedom of Information Act 2000 (FOIA) Request 408/12 - Case Reviews and
Category A Incidents
Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly.  A response should be provided by 6 June 2012.

Yours sincerely

Helen Robbins

Disclosure Section

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Northumbria Police

1 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 5 May 2012 in which you made a request for
access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

I note from following FOIA request – Unsolved Murders;
http://www.northumbria.police.uk/Images/...) that
Northumbria Police have stated within that reply that; "In response to
question 5 "Unsolved murders and cases of that importance are never closed
and are periodically reviewed, if new information is received or there are
new forensic developments these are acted upon."

Under the Freedom of Information Act I am requesting all recorded
information you hold concerning the following;

1. How often would such cases be ‘periodically reviewed’?

2. Number of times the Stephen Sweeney case has been ‘periodically
reviewed’ during the past 14 years?

3. Regards 2 above, who carried out those reviews, i.e. the SIO, cold case
team etc.?

4. I have just been informed that there is a national procedure for the
review of category A incidents. Do Northumbria Police follow the
national procedure for the review of category A incidents?

5. Regards 4 above, please supply me with all recorded information you hold
concerning national procedure for category A incidents and also your
policy on same.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the Crime
Department of Northumbria Police. I can confirm that the information you
have requested is held by Northumbria Police.

I have decided to disclose the located information to you as follows.

2. This case was subject to full review in 1998 and further reassessed in
2006. Periodic assessments have taken place since that time in line
with review criteria.

3. 1998 - Head of Crime
2006 - Senior Investigating Officer

1, 4 & 5. We shall not be disclosing the information at these points as
you have previously asked similar questions on this subject and have
been provided with information which answers these parts in your
request, our reference FOI 999/11 - Review of Investigation refers,
therefore the following exemption applies.

As the information you have requested is accessible by other means I
have not provided you with a copy of the information and will rely on
Section 21 of the Freedom of Information Act 2000. You should therefore
consider this a refusal for your request.

I have provided an explanation to this exemption below.

Section 21 (1) - Information accessible by other means

Information which is reasonably accessible to the applicant is exempt
information.

This information has been provided to your previously, and is freely
available via the whatdotheyknow website, your reference '
[email address]'.

You may be interested to know that Northumbria Police routinely publish
information that has been disclosed by Northumbria Police in response to
requests made under the Freedom of Information Act 2000 via the Disclosure
Log. The aim of the Disclosure Log is to promote openness and transparency
by voluntarily placing information into the public arena.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the public
interest. The Disclosure Log will be updated once responses have been sent
to the requester. I have provided the relevant link below:-

http://www.northumbria.police.uk/foi/dis...

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You have not deal with my request correctly nor within the law. You are also withholding non-exempt recorded information that I have requested. I am requesting that you review my entire request and that you also deal with same within the FOIA 2000. Please ensure that your review deals with each of my numbered requests.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA) Request 408/12 - Case Reviews and
Category A Incidents

Dear Mr McGartland

You were provided substantive responses to a number of the questions you
raised in your request.

I must therefore ask you to clarify which particular parts of the initial
response you would like to have reviewed and specify why you believe each
response given was not in line with the Act.

Upon receipt of this further clarification from you, we will begin the
review process.

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From:        Martin McGartland
<[FOI #115650 email]> on 13/06/2012 18:25

To:        [Northumbria Police request email]
cc:        
Subject:        Internal review of Freedom of Information request -
Information on Northumbria Police's policy on Periodically Reviews and
also National Procedure for Category A incidents ... (Requested by      
 Martin McGartland) ...

     Dear Northumbria Police,
   
    You have not deal with my request correctly nor within the law. You
    are also withholding non-exempt recorded information that I have
    requested. I am requesting that you review my entire request and
    that you also deal with same within the FOIA 2000. Please ensure
    that your review deals with each of my numbered requests.
   
    Yours faithfully,
   
    Martin McGartland
   
   

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

My 13th June 2012 request for internal review was very clear, I want the entire matter reviewed. NP have also claimed in their reply that; "1, 4 & 5. We shall not be disclosing the information at these points as
you have previously asked similar questions on this subject and have been provided with information which answers these parts in your request, our reference FOI 999/11 - Review of Investigation refers, therefore the following exemption applies." This of course is not true. Moreover, NP have, as they often do, failed to deal with each of my numbered requests individually.

NP continually repeat the lie that I have asked 'similar questions', however, this is pure poppycock. I am requesting that your review detail where and when I have asked above questions in the past. I am also asking NP to supply full details of what recorded information they have released to me in the past concerning above request. The fact is they have never released any information to me on the above subject.

NP should have no difficulty at all in dealing with above as part of this review. I am requesting that they also deal with each numbered request correctly and stop concealing non-exempt information. You will be aware that it is a criminal offense to conceal such information. Please deal with my request for an internal review correctly. I am also requesting that NP supply evidence to show where I have made such requests and more importantly their replies relating to same. I can confirm I have never been supplied with any recorded information by NP that relates to such matters.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

Freedom of Information Act 2000 (FOIA) Request 408/12 - Case Reviews and
Category A Incidents

Whilst you have asked for a review of the entire request, you still have
not clarified why you believe you have not received a response to each
part of your request.

I must again ask you to be specific as to why you believe that each part
of your request has not been responded to in a satisfactory manner. Upon
receipt of this clarification from you, we will acknowledge your request
for review.

Alternatively should you wish for questions 1, 4 & 5 only to be reviewed
for the reasons you have stated below, please confirm by reply.

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From:        Martin McGartland
<[FOI #115650 email]> on 18/06/2012 15:27

To:        [Northumbria Police request email]
cc:        
Subject:        Re: Freedom of Information Act 2000 (FOIA) Request 408/12
- Case Reviews and Category A Incidents [NOT PROTECTIVELY MARKED]

     Dear Northumbria Police,
   
    My 13th June 2012 request for internal review was very clear, I
    want the entire matter reviewed. NP have also claimed in their
    reply that; "1, 4 & 5. We shall not be disclosing the information
    at these points as
    you have previously asked similar questions on this subject and
    have been provided with information which answers these parts in
    your request, our reference FOI 999/11 - Review of Investigation
    refers, therefore the following exemption applies." This of course
    is not true. Moreover, NP have, as they often do, failed to deal
    with each of my numbered requests individually.
   
    NP continually repeat the lie that I have asked 'similar
    questions', however, this is pure poppycock. I am requesting that
    your review detail where and when I have asked above questions in
    the past. I am also asking NP to supply full details of what
    recorded information they have released to me in the past
    concerning above request. The fact is they have never released any
    information to me on the above subject.
   
    NP should have no difficulty at all in dealing with above as part
    of this review. I am requesting that they also deal with each
    numbered request correctly and stop concealing non-exempt
    information. You will be aware that it is a criminal offense to
    conceal such information. Please deal with my request for an
    internal review correctly. I am also requesting that NP supply
    evidence to show where I have made such requests and more
    importantly their replies relating to same. I can confirm I have
    never been supplied with any recorded information by NP that
    relates to such matters.
   
    Yours faithfully,
   
    Martin McGartland
   
   

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

You continue to deliberately delay my requests and Internal reviews by asking me for further information and to spell out what has already been included within my correspondence to you.

My number 2 request was very clear, I asked: “Number of times the Stephen Sweeney case has been ‘periodically reviewed’ during the past 14 years”?

Your reply was; .”This case was subject to full review in 1998 and further reassessed in 2006. Periodic assessments have taken place since that time in line
with review criteria.”

The above reply in no way answers or even deals correctly with my request. Nor is it what I asked for. You also say; 'Periodic assessments have taken place since that time in line with review criteria' However, you did not supply me with any further information on these other reviews. Please ensure that I am now supplied with all the recorded information that I requested that relates to my requests.

Your above reply again shows very clearly that you have not dealt with my number 2 request . More importantly, you have not dealt correctly with my 5 May 2012 request which included following ;
“Under the Freedom of Information Act I am requesting all recorded information you hold concerning the following ...” That too was very clear, but once again NP are refusing to deal correctly (and within the law) with my FOI requests.

My number 3 request was also clear; 3 "Regards 2 above, who carried out those reviews, i.e. the SIO, cold case team etc.?

In your reply you stated; 3. "1998 - Head of Crime 2006 - Senior Investigating Officer" However, once again you have not dealt with this correctly, I did request all recorded information concerning all of my requests. Please supply name/s of the ‘Head of Crime’ and also the ‘SIO’. Please also supply all recorded information, as I requested, concerning any sort of review/s that have been carried out in the case/s.

It is a simple request and I am puzzled as to why you find it so difficult to deal with. The truth of course is that you, your boss and others within your office, are under strict orders from above.
I maintain that your department have been ordered to break the law and or do whatever it takes to conceal (which is unlawful) and to cover-up (which is a crime) non-exempt information that I have been requesting. NP have lied so many times, as with my facebook, media FOI's, and they continue to do everything possible to withhold such information from me. It is concerning that the ICO are doing nothing at all about this.

I also asked for all recorded information concerning my 5 numbered are doing nothing at all about this requests and you have not dealt with that correctly either.

You will be aware that the latest ICO Decision Notice, FS50425429 dated 19 June 2012, states on page 12, para 48 that;

"The Information Commissioner does not consider this case to be 'exceptional' so it is concerned that it took over 20 working days for an internal review to be completed."

You will also be aware that NP have yet to deal with a number of my requests for internal reviews. Moreover, some of those requests, from memory, were made more than 3 months ago and none of those are 'exceptional'. They have still not been dealt with by NP.

I have also been asking NP to supply me with updates on those internal reviews, which NP informed me would be dealt with within 20 working days, but my correspondence are being ignored by them. I say this is being done for above reasons. I am again requesting that you deal with all of my outstanding cases and that you reply to my correspondence.

I will of course be making further complaints to the ICO about those and I have written to them this evening to make them aware of the delays and your failing to reply.

Yours faithfully,

Martin McGartland

http://youtu.be/zZ7zsUJYEmk

www.martinmcgartland.co.uk

Northumbria Police

Dear Mr McGartland

Freedom of Information Act 2000 (FOIA) Request 408/12 - Case Reviews and
Category A Incidents

We acknowledge receipt of your request for an internal review of the
response you received in relation to the above mentioned Freedom Of
Information request, as the following:-

Re question 2
My number 2 request was very clear, I asked: “Number of times the Stephen
Sweeney case has been ‘periodically reviewed’ during the past 14 years”?
Your reply was; .”This case was subject to full review in 1998 and further
reassessed in 2006. Periodic assessments have taken place since that time
in line with review criteria.”
     
The above reply in no way answers or even deals correctly with my request.
Nor is it what I asked for. You also say; 'Periodic assessments have taken
place since that time in line with review criteria' However, you did not
supply me with any further information on these other reviews. Please
ensure that I am now supplied with all the recorded information that I
requested that relates to my requests.
   
Your above reply again shows very clearly that you have not dealt with my
number 2 request .

Re question 3
My number 3 request was also clear; 3 "Regards 2 above, who carried out
those reviews, i.e. the SIO, cold case team etc.? In your reply you
stated; 3. "1998 - Head of Crime 2006 - Senior Investigating Officer"
However, once again you have not dealt with this correctly, I did request
all recorded information concerning all of my requests. Please supply
name/s of the ‘Head of Crime’ and also the ‘SIO’. Please also supply all
recorded information, as I requested, concerning any sort of review/s that
have been carried out in the case/s.
Regarding 1, 4 & 5.
We shall not be disclosing the information at these points as you have
previously asked similar questions on this subject and have been provided
with information which answers these parts in your request, our reference
FOI 999/11 - Review of Investigation refers, therefore the following
exemption applies." This of course is not true. Moreover, NP have, as they
often do, failed to deal with each of my numbered requests individually.
   
NP continually repeat the lie that I have asked 'similar questions',
however, this is pure poppycock. I am requesting that your review detail
where and when I have asked above questions in the past. I am also asking
NP to supply full details of what recorded information they have released
to me in the past concerning above request. The fact is they have never
released any information to me on the above subject.  

We aim to provide a response to you within 20 working days of this
acknowledgement.

Michael Cleugh
Data Protection and Disclosure Advisor
Legal Department
0191 2956941
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
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For more information about Northumbria Police please visit our website -
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References

Visible links
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Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Chris Thomson of Northumbria Police v's Jeremy Paxman - Martin McGartland cases - Paxman interviews detective chief superintendent Chris Thomson of Northumbria Police
SIO in the Martin McGartland attempted murder case: http://youtu.be/OHSLRsbAhlU

www.martinmcgartland.co.uk

Martin McGartland (Ataliwyd y cyfrif)

Dear Northumbria Police,

I requested an Internal review of this matter on the 13th June 2012. However, and as with many of my request/s, you, Northumbria Police are breaking the law, failing to deal with the requests within legal time limits. Moreover, Northumbria Police have already been warned by ICO concerning delays in a number of my requests.

I have also been informed that the ICO have even reported NP for such delays. You must now deal with this matter.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Northumbria Police

Freedom of Information Act 2000 (FOIA) Request 408/12 - Case Reviews and
Category A Incidents

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 5 May 2012 in which you requested a review
of the response to your request for access to certain information which
may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

I note from following FOIA request – Unsolved Murders;
http://www.northumbria.police.uk/Images/...) that
Northumbria Police have stated within that reply that; "In response to
question 5 "Unsolved murders and cases of that importance are never closed
and are periodically reviewed, if new information is received or there are
new forensic developments these are acted upon."

Under the Freedom of Information Act I am requesting all recorded
information you hold concerning the following;

1.        How often would such cases be ‘periodically reviewed’?

2.        Number of times the Stephen Sweeney case has been ‘periodically
reviewed’ during the past 14 years?

3.        Regards 2 above, who carried out those reviews, i.e. the SIO,
cold case team etc.?

4.        I have just been informed that there is a national procedure for
the review of category A incidents. Do Northumbria Police follow the
national procedure for the review of category A incidents?

5.        Regards 4 above, please supply me with all recorded information
you hold concerning national procedure for category A incidents and also
your policy on same.

Our response stated:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the Crime
Department of Northumbria Police.  I can confirm that the information you
have requested is held by Northumbria Police.

I have decided to disclose the located information to you as follows.

2.        This case was subject to full review in 1998 and further
reassessed in 2006.  Periodic assessments have taken place since that time
in line with review criteria.

3.        1998 - Head of Crime
        2006 - Senior Investigating Officer

1, 4 & 5.  We shall not be disclosing the information at these points as
you have previously asked similar questions on this subject and have been
provided with information which answers these parts in your request, our
reference FOI 999/11 - Review of Investigation refers, therefore the
following exemption applies.

        As the information you have requested is accessible by other means
I have not provided you with a copy of the information and will rely on
Section 21 of the Freedom of Information Act 2000.  You should therefore
consider this a refusal for your request.

        I have provided an explanation to this exemption below.

        Section 21 (1) - Information accessible by other means

        Information which is reasonably accessible to the applicant is
exempt information.

        This information has been provided to your previously, and is
freely available via the whatdotheyknow website, your reference
        '[email address]'.

Your request for review was acknowledged as:

We acknowledge receipt of your request for an internal review of the
response you received in relation to the above mentioned Freedom Of
Information request, as the following:-

"Re question 2:

My number 2 request was very clear, I asked: “Number of times the Stephen
Sweeney case has been ‘periodically reviewed’ during the past 14 years”?
Your reply was; .”This case was subject to full review in 1998 and further
reassessed in 2006. Periodic assessments have taken place since that time
in line with review criteria.”
The above reply in no way answers or even deals correctly with my request.
Nor is it what I asked for. You also say; 'Periodic assessments have taken
place since that time in line with review criteria' However, you did not
supply me with any further information on these other reviews. Please
ensure that I am now supplied with all the recorded information that I
requested that relates to my requests.

Your above reply again shows very clearly that you have not dealt with my
number 2 request .

Re question 3
My number 3 request was also clear; 3 "Regards 2 above, who carried out
those reviews, i.e. the SIO, cold case team etc.? In your reply you
stated; 3. "1998 - Head of Crime 2006 - Senior Investigating Officer"
However, once again you have not dealt with this correctly, I did request
all recorded information concerning all of my requests. Please supply
name/s of the ‘Head of Crime’ and also the ‘SIO’. Please also supply all
recorded information, as I requested, concerning any sort of review/s that
have been carried out in the case/s.
Regarding 1, 4 & 5.
We shall not be disclosing the information at these points as you have
previously asked similar questions on this subject and have been provided
with information which answers these parts in your request, our reference
FOI 999/11 - Review of Investigation refers, therefore the following
exemption applies." This of course is not true. Moreover, NP have, as they
often do, failed to deal with each of my numbered requests individually.

NP continually repeat the lie that I have asked 'similar questions',
however, this is pure poppycock. I am requesting that your review detail
where and when I have asked above questions in the past. I am also asking
NP to supply full details of what recorded information they have released
to me in the past concerning above request. The fact is they have never
released any information to me on the above subject."

In response:

I shall cover each response provided in turn

1.        You argue that similar questions have not been submitted.  Your
request 408/12 question 1 asks "How often would such cases be
‘periodically reviewed’?"

        Previous request from you (reference 999/11 question 7) asked "All
recorded information held by NP concerning the conducting of periodic
reviews relating to unsolved Major Incident Investigation/s by its
Dedicated major crime review section."  A response was supplied to that
question as follows:-

        "Where investigations remain open and throughout a case, action is
taken when lines of enquiry are appropriate.  There is no force policy on
the regularity of conducting reviews relating to major investigations.
Northumbria Police undertake a wide range of reviews aimed at identifying
further opportunities to detect crime and acting on identified learning
points and best practice.
Historic reviews are conducted into cases of long term undetected
homicides or stranger rape with a view to evaluating whether there are new
grounds for opening new lines of enquiry.  They are carried out
periodically or when there are significant changes in legislation or
technology that may help an investigation.  Other Serious Offences are
also considered for review at the direction of a Chief Officer or Head of
Crime."

        I am satisfied that the response given to 999/11 answers the
questions posed in your latest request regarding "the procedure followed
for category A crimes" is in line with the manual as provided in the
response to 999/11, therefore the exemption as outlined in Section 21 of
the Act was appropriately applied.

2.        The details of when full reviews have been carried out have been
provided to you, these were undertaken  in 1998 and 2006.  This has been
confirmed as being in line with the criteria for reviews being met.
 Periodic assessments which may have been undertaken would have been as a
result of further lines of enquiry being made available.  However, as a
result of further investigations as part of my review, I can confirm that
since 2006, the case will have bee subject to further assessment though no
full and complete review of this case has been undertaken.

3.        You asked who carried out the reviews, to assist us you provided
examples of who may have carried out the reviews eg "Head of Crime, SIO."
 Our response confirmed that it was indeed the Head of Crime that carried
out the 1998 review and the SIO that carried out the 2006 review.  This
fully answers the request as it was put to this department.  To further
aid and assist I can confirm that the SIO in 2006 was DCI JM Rowley and
the Head of Crime in 1998 was C/Supt David A Wilson.

4.        Your request 408/12 question 4 asked "I have just been informed
that there is a national procedure for the review of category A incidents.
Do Northumbria Police follow the national procedure for the review of
category A incidents?"

        A previous request from you (reference 999/11) question 6 asked
"Please supply all recorded information concerning how NP's cold case
review team and also their MIT deal with and also review unsolved major
incidents where firearms have been used?  A response was supplied to that
request as follows:-

        "No information held - There is no specific information held on
how cases involving firearms are reviewed.  The Major Crime Team review
cases such as attempted murders with consideration being given to the
Murder Investigation Manual.  This document has previously been released
into the public domain in a redacted format by the Association of Chief
Police Officers and the relevant part of that document is attached for
your information."

        The document referred to and supplied in response to 999/11 serves
to answer this part of your request.  Specifically you were provided with
information on the procedure that is followed for major crime reviews.
 There is no requirement to release information that is already available
in the public domain.  This is the very essence of the exemption outlined
in Section 21 of the Act.  When it is a matter of fact that the
information requested is accessible to the applicant by other means, then
it is exempt.  The duty to provide assistance was fulfilled with the
provision of a link to where the information was held.  There could be no
doubt as to where the information was held and how to obtain it.
5.        The document requested was supplied in response to 999/11.
 There is no requirement to release information that is already available
in the public domain.  This is the very essence of the exemption outlined
in Section 21 of the Act.  If, as a matter of fact the information
requested is accessible to the applicant by other means, then it is
exempt.  The duty to provide assistance was fulfilled with the provision
of a link to where the information was held.  There could be no doubt as
to where the information was held and how to obtain it.

        To help clarify this point I have attached a link to the relevant
page from the ICO web-site where the full guidance can be found:-
       
http://www.ico.gov.uk/for_organisations/...
 
This concludes my internal review into your request under the Freedom of
Information Act 2000.  I believe that Northumbria Police have now
fulfilled our requirements as per your Freedom of Information request.  If
you remain dissatisfied with the outcome of this review then it remains
open to you to refer this matter to the Information Commissioner at the
following address:-
                                                                         
                                     
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  0191 2956940
Email:  hayley[email address]
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