Section 43 Terrorism Act Searches

The request was partially successful.

Darryl J Lee (Mr.)

Dear West Yorkshire Police,

Please confirm the number of searches of persons reasonably suspected by police officers of being a terrorist (Section 43 Terrorism Act 2000) conducted in each of the last five years and,

Please confirm the percentage of searches that result in the searching-officer/s finding evidence that the detained person is a terrorist (within the statutory definition).

Yours faithfully,

Darryl J Lee (Mr.)

Freedom of Information,

Classification: OFFICIAL

Good Morning,

Thank you for your request for information which has been logged today.

Your request will now be considered and 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.

If you no longer require the information, please inform us at your earliest convenience.

Kind Regards
Nicole Smith
Disclosure Assistant
Information Management
Digital Policing

Due to significant demand in high risk areas, and the impact of Covid 19, there is likely to be a delay in responding to your request within usual timeframes. Please be assured that we are working hard to prioritise and training additional staff to respond as promptly as possible. If there are exceptional circumstances relating to your request for which it may need to be prioritised, please contact us via email ([email address]) with further details. Whilst you may not receive an immediate response, we will do our best to meet your requirements.

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Freedom of Information,

Classification: OFFICIAL

Good afternoon,

Please would you clarify the following:

For the first question, when you say last 5 years do you mean calendar years or financial years?

For the second question, we are able to provide the volume of the above searches that resulted in an arrest in relation to the reason for the search. Is that information sufficient?

Thank you

Kind Regards
Nicole Smith
Disclosure Assistant
Information Management
Digital Policing
Due to significant demand in high risk areas, and the impact of Covid 19, there is likely to be a delay in responding to your request within usual timeframes. Please be assured that we are working hard to prioritise and training additional staff to respond as promptly as possible. If there are exceptional circumstances relating to your request for which it may need to be prioritised, please contact us via email ([email address]) with further details. Whilst you may not receive an immediate response, we will do our best to meet your requirements.

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Darryl J Lee (Mr.)

Dear Freedom of Information,

When I say "5 years" I mean the preceding five years. You may chose between five calendar years or financial years.

Re: Q2. You tell me that you can provide "the volume" of "the above searches" (I.e. section 43 Terrorism Act) "that resulted in an arrest in relation to the reason for the search" (Suspected terrorism). IF by "volume" you mean a percentage, then that is sufficient to answer my request (b).

I presume you know how many suspected terrorists were searched and not arrested (Request (a)).

Yours sincerely,

Darryl J Lee (Mr.)

Freedom of Information,

Classification: OFFICIAL

Good afternoon,

Thank you I have passed this onto the relevant department dealing with your request.

Thank you

Kind Regards
Nicole Smith
Disclosure Assistant
Information Management
Digital Policing
Due to significant demand in high risk areas, and the impact of Covid 19, there is likely to be a delay in responding to your request within usual timeframes. Please be assured that we are working hard to prioritise and training additional staff to respond as promptly as possible. If there are exceptional circumstances relating to your request for which it may need to be prioritised, please contact us via email ([email address]) with further details. Whilst you may not receive an immediate response, we will do our best to meet your requirements.

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Freedom of Information,

1 Attachment

Classification: OFFICIAL

Good Morning,

 

Thank you for your request for information received by West Yorkshire
Police on 19.10.20.

 

You requested the following information:

 

Please confirm the number of searches of persons reasonably suspected by
police officers of being a terrorist (Section 43 Terrorism Act 2000)
conducted in each of the last five years and,

 

Please confirm the percentage of searches that result in the
searching-officer/s finding evidence that the detained person is a
terrorist (within the statutory definition).

 

 

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that information is exempt information
must, within the time for complying with Section 1(1), give the applicant
a notice which:-

(a) states the fact,

(b) specifies the exemption in question, and

(c) states (if that would not otherwise be apparent) why the exemption
applies.

 

The Freedom of Information Act 2000 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 S1(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 S1(1)(b), which is the
provision of such information. However, when a qualified exemption in this
case Section 31 applies either to the confirmation or denial or the
information provision and the public interest test 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 it will take an additional 20 working days to take a
decision on where this balance lies.

 

I would like to apologise in advance for the delay in responding to your
request. Please be assured that we will endeavour to send a response out
to you as soon as possible.

 

 

Kind regards

Rebecca Fawcett

Disclosure Officer

Information Management

Digital Policing

West Yorkshire Police, PO Box 9, Laburnum Road, Wakefield WF1 3QS

Telephone: 01924 296006

 

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Freedom of Information,

2 Attachments

Classification: OFFICIAL

Good afternoon

 

Please see the attached document in relation to your request.

 

Please accept our apologies for the delay.

 

 

 

Kind regards

Gemma Burton

Disclosure Officer

Information Management

Digital Policing

West Yorkshire Police, PO Box 9, Laburnum Road, Wakefield WF1 3QS

Telephone: 01924 296006

 

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This email transmission may contain confidential or legally privileged
information and is intended for the addressee(s) only. If you are not the
intended recipient, any disclosure, copying, distribution, retention or
reliance upon the contents of this e-mail and any attachment(s) is
strictly prohibited and may be unlawful. If you have received this in
error, please use the reply function to notify us immediately and
permanently delete the email and any attachment(s) from your computer or
electronic device. West Yorkshire Police reserves the rights to routinely
monitor incoming and outgoing e-mail messages and cannot accept liability
or responsibility for any errors or omissions in the content and, as
internet communications should not be considered as secure, for changes
made to this message after it was sent. Any views or opinions expressed in
this message may not be those of the West Yorkshire Police. This email was
scanned for viruses by the West Yorkshire Polices' anti-virus services and
on leaving the Force was found to be virus and malware free. You must take
full responsibility for any subsequent virus or malware checking.

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