Dear Cheshire Constabulary,

I request any and all information regarding the arrest and detainment in police custody of BBC producer and ex police officer Paul Atkinson. The I.P.C.C. was investigating corruption involving several detectives from the Operation Musketry murder squad and Michael Todd; the then Chief Constable Michael Todd.

Following the recent arrest of Christopher Guest More jnr. in Malta, any and all details regarding this matter may have a profound effect upon the safety of James Stuart Raven and his co-accused including former Police officer Christopher Guest More Sir, and, further, the upcoming trial of Guest More Junior.

I request a copy of any and all photographs’ of More jnr which Cheshire Constabulary.

I request a copy of the BBC unredacted tapes in the possession of Cheshire Constabulary relating to the programme Funny Money / License to Print Money and all others involving Raven; More jnr and snr.

I request any and all information regarding the police sightings of More Jnr in Marbella and the police interviews with Raven; Atkinson; More jnr and snr and any and all previous contact they may have had with the police.

Very Best Wishes

David Harper NV5 007

Yours faithfully,

David Harper

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

I acknowledge receipt of your correspondence received 03/07/2019 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 31/07/2019.

Please note that you will not receive a response if you have previously
been issued with a notice under section 14 of the act relating to the
subject of this request.

Please contact us by email at [1][email address] if you
have any further enquiries.

Regards

The Requests Team
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 362384

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. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. mailto:[email address]

Requests, Cheshire Constabulary

3 Atodiad

Dear Mr Harper

 

YOUR REQUEST:

I request any and all information regarding the arrest and detainment in
police custody of BBC producer and ex police officer Paul Atkinson. The
I.P.C.C. was investigating corruption involving several detectives from
the Operation Musketry murder squad and Michael Todd; the then Chief
Constable Michael Todd.

Following the recent arrest of Christopher Guest More jnr. in Malta, any
and all details regarding this matter may have a profound effect upon the
safety of James Stuart Raven and his co-accused including former Police
officer Christopher Guest More Sir, and, further, the upcoming trial of
Guest More Junior.

I request a copy of any and all photographs' of More jnr which Cheshire
Constabulary.

I request  a copy of the BBC unredacted tapes in the possession of
Cheshire Constabulary relating to the programme Funny Money / License to
Print Money and all others involving Raven; More jnr and snr.

I request any and all information regarding the police sightings of More
Jnr in Marbella and the police interviews with Raven; Atkinson; More jnr
and snr and any and all previous contact they may have had with the
police.

 

OUR RESPONSE:

 

Some of the information you have requested is already available to you by
other means and is therefore exempt in accordance with Section 21 of
Freedom of Information Act 2000.  Please see the following links;

[1]https://www.manchestereveningnews.co.uk/...

 

[2]https://www.manchestereveningnews.co.uk/...

 

Cheshire Police can neither confirm nor deny that any other information is
held relevant to your request as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the following
exemptions:

Section 23(5) Information supplied by or concerning certain Security
Bodies

Section 27 (4) International Relations

Section 30 (3) Investigations

Section 31(3) Law Enforcement

Section 40 (5) Personal Information

 

With Sections 31 being prejudice based qualified exemption there is a
requirement to articulate the harm that would be caused in confirming or
not whether information is held as well as considering the public
interest.

Evidence of Harm

Any release under FOIA is a disclosure to the world, not just to the
individual making the request.  Police forces work in conjunction with
other law enforcement agencies and on a daily basis information is freely
shared in line with information sharing protocols.  Modern day policing is
intelligence led and this is particularly pertinent with regard to law
enforcement.  The public expect police forces to use all powers and
tactics available to them to prevent and detect crime or disorder and
maintain public safety.

Smooth relations between the United Kingdom and other States is reliant on
upholding confidence and trust between Government Heads of State and
Diplomats.  Should Cheshire Constabulary, which is a representative of the
United Kingdom, fail to preserve these qualities by confirming whether any
other information is held on individuals who may or may not have been
involved in a police investigation is considered to be confidential, and
would undermine the ability to protect and promote UK interests through
International Relations will be hindered.

Irrespective of what other information may or may not be held, to confirm
or deny by citing an exemption or stating 'no information held' would
undermine ongoing investigations.  This could lead to police officers
having to be removed from their frontline duties in order to increase
manpower on an investigation.  Furthermore, confirmation or denial has
potential to undermine the flow of information (intelligence) received
from members of the public into the Police Service and other outside
agencies relating to these types of offences.

Public Interest Considerations

Section 23(5) Information supplied by or concerning certain security
bodies

Section 27(4) International relations

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Irrespective of what information may or may not be held, confirming
information is held would provide openness and transparency by
highlighting that Cheshire Constabulary is proactively engaging with other
law enforcement & security agencies both at home and abroad as part of
their investigative activity.

Factors against complying with Section 1(1)(a)

The importance of building and maintaining goodwill within international
relations cannot be underestimated. Confirmation or denial of any
information held would undermine the relationship and trust built up
between police forces and these other international governments/agencies.

Section 30(3) Investigations

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Confirming or denying whether information exists relevant to this request
would lead to a better informed general public by identifying that
Cheshire Constabulary robustly investigate these types of operations. 
This fact alone may encourage individuals to provide intelligence in order
to assist with investigations and would also promote public trust in
providing transparency and demonstrating openness and accountability into
where the police are currently focusing their investigations.

Factors against complying with Section 1(1)(a)

Modern-day policing is intelligence led and Cheshire Constabulary share
information with other law enforcement agencies as part of their
investigation process. To confirm or not whether further information is
held could hinder the prevention and detection of crime as well as
undermine the partnership approach to investigations and law enforcement.

Should offenders take evasive action to avoid detection, police resources
may well be diverted from frontline duties and other areas of policing in
order to locate and apprehend these individuals. In addition, the safety
of individuals and victims would also be compromised.

Section 31(3) Law Enforcement

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Confirming that information exists relevant to this request would lead to
a better informed public which may encourage individuals to provide
intelligence in order to reduce crime.

Factors against complying with Section 1(1)(a) neither confirming nor
denying that information is held

Confirmation or denial that information is held in this case would suggest
Cheshire Constabulary take their responsibility to protect intelligence
and information appropriately, in order to apprehend offenders and prevent
and detect crime. 

Section 40 (5)

We are not obliged to confirm or deny whether we hold the information you
have requested as if held, this would relate to information relating to
personal information. Section 40(5) of the Act provides that there is no
duty to confirm or deny whether we hold the information.

The fact section 40(5) of the Act has been cited, should not be taken as
an indication that the information you requested is or is not held. The
terms of this exemption in the Freedom of Information Act mean that we do
not have to consider whether or not it would be in the public interest for
us to reveal whether or not the information is held. 

Balancing Test

The points above highlight the merits of confirming or denying that
information pertinent to this request exists. The Police Service relies
heavily on the public providing information to assist in criminal
investigations and has a duty to protect and defend individuals. The
public has an expectation that any information they provide will be
treated with confidence. Anything which places that confidence at risk, no
matter how generic, would undermine any trust or confidence individuals
have in the Police Service.

In addition, the effective delivery of operational law enforcement takes
priority and is at the forefront of Cheshire Police to ensure the
prevention and detection of crime is carried out and the effective
apprehension or prosecution of offenders in maintained. This includes
ensuring our relationship with other law enforcement agencies runs
smoothly in the joint approach to multi-agency investigations.

Therefore, at this moment in time, it is our opinion that for these issues
the balance test for confirming, nor denying, that information is held is
not made out.

No inference can be taken from this refusal that information does or does
not exist.

Regards

 

 

Sarah Davies

Information Officer

Joint Corporate Services  | Cheshire Constabulary  | Police HQ | Clemonds
Hey | Winsford | Cheshire | CW7 2UA | Phone: 01606 366556 |  Email:
[3][email address]

Visit [4]www.cheshire.police.uk | Follow [5]@cheshirepolice on Twitter |
Like [6]Cheshire Police on Facebook

[7]logo[8]cid:image001.jpg@01D24FB5.8237DE20

 

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. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. https://www.manchestereveningnews.co.uk/...
2. https://www.manchestereveningnews.co.uk/...
3. mailto:[email address]
4. http://www.cheshire.police.uk/
5. http://www.twitter.com/cheshirepolice
6. http://www.facebook.com/cheshirepolice

Dear Cheshire Constabulary,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cheshire Constabulary's handling of my FOI request 'I.P.C.C investigation and information regarding Paul Atkinson and others

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

David Harper

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

Thank you for your email dated in which you express dissatisfaction
with our response to your request under the Freedom of Information Act
2000.

In view of your comments your request has been forwarded to our
independent appeals/reviewing officer, who has been appointed by the
Authority. In accordance with our current policy, in line with
the guidance from the Information Commissioner we aim to provide
a response to you within 20 working days.

If you require any further information you may contact me, details below.

Regards

Freedom of Information Officer
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 366556

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. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Dear Cheshire Constabulary,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cheshire Constabulary's handling of my FOI request 'I.P.C.C investigation and information regarding Paul Atkinson and others'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

David Harper

Requests, Cheshire Constabulary

Dear Mr Harper,

Thank you for your email. Your request for an internal review has been
logged and will be reviewed by a member of the team in line with the
relevant legislation.

Regards,

Stuart Basford – Information Officer
Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services
Information Compliance | Cheshire Constabulary | Clemonds Hey | Oakmere
Road | Winsford | Cheshire | CW7 2UA
Phone: 01606 365585 | Visit www.cheshire.police.uk |
www.cheshirefire.gov.uk | Follow @cheshirepolice and @CheshireFire on
Twitter | Like Cheshire Police and Cheshire Fire and Rescue Service on
Facebook

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. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Requests, Cheshire Constabulary

1 Atodiad

Dear Mr Harper,

 

I write in response to your email dated 12/08/2019 requesting an
independent appeal against the decision made in relation to your request
for information under the Freedom of Information Act 2000.

 

Therefore In line with S45 of the Freedom of Information Act 2000 (Code of
Practice), I have conducted an internal review in relation to your request
for information. In carrying out this review, reference is made 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.

 

For the purposes of clarity, your original request on 3^rd July 2019 was:

 

I request any and all information regarding the arrest and detainment in
police custody of BBC producer and ex police officer Paul Atkinson. The
I.P.C.C. was investigating corruption involving several detectives from
the Operation Musketry murder squad and Michael Todd; the then Chief
Constable Michael Todd.

 

Following the recent arrest of Christopher Guest More jnr. in Malta, any
and all details regarding this matter may have a profound effect upon the
safety of James Stuart Raven and his co-accused including former Police
officer Christopher Guest More Sir, and, further, the upcoming trial of
Guest More Junior.

 

I request a copy of any and all photographs’ of More jnr which Cheshire
Constabulary.

 

I request  a copy of the BBC unredacted tapes in the possession of
Cheshire Constabulary relating to the programme Funny Money / License to
Print Money and all others involving Raven; More jnr and snr.

 

I request any and all information regarding the police sightings of More
Jnr in Marbella and the police interviews with Raven; Atkinson; More jnr
and snr and any and all previous contact they may have had with the
police.

 

The Constabulary’s response 31^st July 2019:

 

Some of the information you have requested is already available to you by
other means and is therefore exempt in accordance with Section 21 of
Freedom of Information Act 2000.  Please see the following links;

[1]https://www.manchestereveningnews.co.uk/...

 

[2]https://www.manchestereveningnews.co.uk/...

 

Cheshire Police can neither confirm nor deny that any other information is
held relevant to your request as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the following
exemptions:

Section 23(5) Information supplied by or concerning certain Security
Bodies

Section 27 (4) International Relations

Section 30 (3) Investigations

Section 31(3) Law Enforcement

Section 40 (5) Personal Information

 

With Sections 31 being prejudice based qualified exemption there is a
requirement to articulate the harm that would be caused in confirming or
not whether information is held as well as considering the public
interest.

Evidence of Harm

Any release under FOIA is a disclosure to the world, not just to the
individual making the request.  Police forces work in conjunction with
other law enforcement agencies and on a daily basis information is freely
shared in line with information sharing protocols.  Modern day policing is
intelligence led and this is particularly pertinent with regard to law
enforcement.  The public expect police forces to use all powers and
tactics available to them to prevent and detect crime or disorder and
maintain public safety.

Smooth relations between the United Kingdom and other States is reliant on
upholding confidence and trust between Government Heads of State and
Diplomats.  Should Cheshire Constabulary, which is a representative of the
United Kingdom, fail to preserve these qualities by confirming whether any
other information is held on individuals who may or may not have been
involved in a police investigation is considered to be confidential, and
would undermine the ability to protect and promote UK interests through
International Relations will be hindered.

Irrespective of what other information may or may not be held, to confirm
or deny by citing an exemption or stating 'no information held' would
undermine ongoing investigations.  This could lead to police officers
having to be removed from their frontline duties in order to increase
manpower on an investigation.  Furthermore, confirmation or denial has
potential to undermine the flow of information (intelligence) received
from members of the public into the Police Service and other outside
agencies relating to these types of offences.

Public Interest Considerations

Section 23(5) Information supplied by or concerning certain security
bodies

Section 27(4) International relations

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Irrespective of what information may or may not be held, confirming
information is held would provide openness and transparency by
highlighting that Cheshire Constabulary is proactively engaging with other
law enforcement & security agencies both at home and abroad as part of
their investigative activity.

Factors against complying with Section 1(1)(a)

The importance of building and maintaining goodwill within international
relations cannot be underestimated. Confirmation or denial of any
information held would undermine the relationship and trust built up
between police forces and these other international governments/agencies.

Section 30(3) Investigations

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Confirming or denying whether information exists relevant to this request
would lead to a better informed general public by identifying that
Cheshire Constabulary robustly investigate these types of operations. 
This fact alone may encourage individuals to provide intelligence in order
to assist with investigations and would also promote public trust in
providing transparency and demonstrating openness and accountability into
where the police are currently focusing their investigations.

Factors against complying with Section 1(1)(a)

Modern-day policing is intelligence led and Cheshire Constabulary share
information with other law enforcement agencies as part of their
investigation process. To confirm or not whether further information is
held could hinder the prevention and detection of crime as well as
undermine the partnership approach to investigations and law enforcement.

Should offenders take evasive action to avoid detection, police resources
may well be diverted from frontline duties and other areas of policing in
order to locate and apprehend these individuals. In addition, the safety
of individuals and victims would also be compromised.

Section 31(3) Law Enforcement

Factors favouring complying with Section 1(1)(a) confirming that
information is held

Confirming that information exists relevant to this request would lead to
a better informed public which may encourage individuals to provide
intelligence in order to reduce crime.

Factors against complying with Section 1(1)(a) neither confirming nor
denying that information is held

Confirmation or denial that information is held in this case would suggest
Cheshire Constabulary take their responsibility to protect intelligence
and information appropriately, in order to apprehend offenders and prevent
and detect crime. 

Section 40 (5)

We are not obliged to confirm or deny whether we hold the information you
have requested as if held, this would relate to information relating to
personal information. Section 40(5) of the Act provides that there is no
duty to confirm or deny whether we hold the information.

The fact section 40(5) of the Act has been cited, should not be taken as
an indication that the information you requested is or is not held. The
terms of this exemption in the Freedom of Information Act mean that we do
not have to consider whether or not it would be in the public interest for
us to reveal whether or not the information is held. 

Balancing Test

The points above highlight the merits of confirming or denying that
information pertinent to this request exists. The Police Service relies
heavily on the public providing information to assist in criminal
investigations and has a duty to protect and defend individuals. The
public has an expectation that any information they provide will be
treated with confidence. Anything which places that confidence at risk, no
matter how generic, would undermine any trust or confidence individuals
have in the Police Service.

In addition, the effective delivery of operational law enforcement takes
priority and is at the forefront of Cheshire Police to ensure the
prevention and detection of crime is carried out and the effective
apprehension or prosecution of offenders in maintained. This includes
ensuring our relationship with other law enforcement agencies runs
smoothly in the joint approach to multi-agency investigations.

Therefore, at this moment in time, it is our opinion that for these issues
the balance test for confirming, nor denying, that information is held is
not made out.

No inference can be taken from this refusal that information does or does
not exist.

Your email 12^th August 2019

 

Please pass this on to the person who conducts Freedom of Information
reviews.

 

I am writing to request an internal review of Cheshire Constabulary's
handling of my FOI request 'I.P.C.C investigation and information
regarding Paul Atkinson and others'.

 

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://www.whatdotheyknow.com/request/i...

 

My response:

 

I have undertaken a review of your original request and the Constabulary’s
response and can confirm that the response you have received is correct.

 

Your email of the 12/05/2019 does not provide a rational for why you
believe the decisions applied in respect of your request are incorrect. As
such I have reviewed the exemptions applied and can confirm that these
have been applied correctly. The balance test advised to you within our
response considers both the potential for harm as well as the merits to
public interest such a disclosure could have. It is my opinion that this
test has been conducted fairly and the conclusion reached correct.

 

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

 

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

 

Regards,

 

Stuart Basford – Information Officer

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Information Compliance | Cheshire Constabulary | Clemonds Hey | Oakmere
Road | Winsford | Cheshire | CW7 2UA

Phone: 01606 365585 | Visit [4]www.cheshire.police.uk |
[5]www.cheshirefire.gov.uk | Follow [6]@cheshirepolice and @CheshireFire
on Twitter | Like [7]Cheshire Police and Cheshire Fire and Rescue Service
on Facebook

 

[8]cid:image001.png@01D336C2.D0FEEF40

 

 

 

 

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. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. https://www.manchestereveningnews.co.uk/...
2. https://www.manchestereveningnews.co.uk/...
3. https://www.whatdotheyknow.com/request/i...
4. http://www.cheshire.police.uk/
5. http://www.cheshirefire.gov.uk/
6. http://www.twitter.com/cheshirepolice
7. http://www.facebook.com/cheshirepolice