Nick Henderson

Dear Sir or Madam,

Could you please inform me of

[1a] the total number of homophobic hate crimes reported to you in the last year

[b] the last three years

[2a] the total number of those hate crimes that were reported to the Crown Prosecution Service in the last year

[b] the last three years.

Thank you

Yours faithfully,

Nick Henderson

Devon and Cornwall Constabulary

Dear Mr Henderson

I write in connection with your request for information which was received
by this office on October 27, 2008. I understand you are requesting the
following information:

[1a] the total number of homophobic hate crimes reported to you in
the last year
[b] the last three years
[2a] the total number of those hate crimes that were reported to
the Crown Prosecution Service in the last year
[b] the last three years.

Your request will be considered in accordance with the Freedom of
Information Act 2000. Normally you should expect to be sent a response
within the statutory limit of 20 working days, subject to the provisions
of the Act. Unfortunately staffing in the FOI Unit is currently reduced
by two thirds and it may not be possible to meet the statutory limit.
Please be assured that all efforts will be made to meet the statutory
limit but if this is not possible late requests will be treated in
chronological order. The Information Commissioner is aware of the current
situation. If we are unable to respond to your request in time I
apologise for any inconvenience that this may cause.

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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1. http://www.devon-cornwall.police.uk/

Devon and Cornwall Constabulary

Dear Mr Henderson,

I write in connection with your request for information, which was
received on October 27, 2008 requesting the following information:

[1a] the total number of homophobic hate crimes reported to
you in
the last year
[b] the last three years
[2a] the total number of those hate crimes that were reported to
the Crown Prosecution Service in the last year
[b] the last three years.

Unfortunately I am unable to progress with your request at this time. To
enable us to meet your request please could you provide this office with
further information, such as do you request the information to be
presented in financial year or Calendar year?

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory 20 working
days as defined under the Act, subject to the provisions of that Act.

However, if the requested information has not been received by January 19,
2009 I will assume you will no longer wish to proceed with this request
and it will be treated as withdrawn.

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely,

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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1. http://www.devon-cornwall.police.uk/

Nick Henderson

Dear Sir or Madam,

I responded to this email stating it was calendar year, but I believe there may have been a problem with the system.

I would appreciate if you were able to reopen this request and sned me the information

Thank you

Yours sincerely,

Nick Henderson

Devon and Cornwall Constabulary

Dear Mr Henderson

Apologies for the lateness of this email.

Unfortunately your email was not received within the 60 days after we sent the clarification email to yourself. We subsequently closed this request towards the end of January 2009.

Therefore, your request will have to submitted again as a new request. Please let me know if you would like this request to be resubmitted with the clarification of calendar year as stated below.

Kind Regards

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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Nick Henderson

Dear Sir or Madam,

Please re-submit this request with the relevant clarification included.

Yours sincerely,

Nick Henderson

Devon and Cornwall Constabulary

Dear Mr Henderson

I write in connection with your request for information which was received
by this office on March 9, 2009. I understand you are requesting the
following information:

[1a] the total number of homophobic hate crimes reported to you in
the last calendar year

[b] the last three calendar years

[2a] the total number of those hate crimes that were reported to
the Crown Prosecution Service in the last calendar year

[b] the last three calendar years.

Your request will be considered in accordance with the Freedom of
Information Act 2000. You should expect to be sent a response within the
statutory limit of 20 working days, subject to the provisions of the Act.

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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1. http://www.devon-cornwall.police.uk/

Devon and Cornwall Constabulary

Dear Mr Henderson

I write in connection with your request for information which was received
by this office on March 9, 2009. I understand you are requesting the
following information:

[1] all documents relating to any complaint made against DC Magnus
Scott

[2] all documents relating to any internal investigation of DC
Magnus Scott by Devon and Cornwall Constabulary

Your request will be considered in accordance with the Freedom of
Information Act 2000. You should expect to be sent a response within the
statutory limit of 20 working days, subject to the provisions of the Act.

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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Devon and Cornwall Constabulary

1 Attachment

Dear Mr Henderson

I write in connection with your request for information dated March 8,
2009, which was received by this office on March 9, 2009. I note you seek
access to the following information:

[1a] the total number of homophobic hate crimes reported to you in the
last calendar year
[b] the last three calendar years

[2a] the total number of those hate crimes that were reported to the Crown
Prosecution Service in the last calendar year
[b] the last three calendar years.

Following receipt of your request searches were conducted within Devon &
Cornwall Constabulary to locate information relevant to your request. I
can confirm that this constabulary holds some of the information you have
requested.

Extent of Searches to Locate Information
To locate the information relevant to you request searches were conducted
within the Performance and Analysis Department, the Criminal Justice
Department, Crime Department and the Equality & Diversity Department.

Decision
I have today decided to disclose the requested information to you in
part.

With regard to question 2, I can confirm that information falling within
the description specified in your request is held by Devon and Cornwall
Constabulary. However, 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 limit'
of 18 hours as set in the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004.

In accordance with section 12(1) of the Freedom of Information Act 2000
this constabulary is not obliged to respond to that question within your
request and this letter acts as a Refusal Notice for that part of your
request.

The reason for this is that in order to obtain these statistics the
Criminal Justice Department would have to audit approximately 470 files
and count the number of CPS referrals, which would take in excess of 18
hours.

However, we recommend that you contact the CPS, as they may be able to
access this information within the 18-hour limit. The CPS Freedom of
Information Unit can be contacted at the following address:

The Freedom of Information Officer
CPS Headquarters
50 Ludgate Hill
London EC4M 7EX

Alternatively, you can submit a Freedom of Information request to them at
the following website link:

[1]http://www.cps.gov.uk/foi/foirequest.doc

Or by email at: [email address]

Please find attached your copy of your record numbered 1, containing the
requested information for question 1.

Copyright
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder. Most
documents supplied by the Devon and Cornwall Constabulary will be our
copyright. Applications for the copyright owner's written permission to
reproduce any part of the attached information should be addressed to The
Force Legal Department, Devon and Cornwall Constabulary, Police
Headquarters, Middlemoor, Exeter, Devon. EX2 7HQ. Information you receive
which is not subject to our copyright continues to be protected by the
copyright of the person, or organisation, from which the information
originated. You must ensure that you gain their permission before
reproducing any third party information.

Complaint Rights
If you are not satisfied with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to the Head of Information Management,
Information Management Department, Devon & Cornwall Constabulary,
Middlemoor, Exeter, EX2 7HQ, Devon.

If you are not satisfied with the outcome of your Force complaint or
review, you may apply directly to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

Rebecca Hudson
Assistant Freedom of Information Officer
(01392 452204 (x22204)
Information Management Department
Devon & Cornwall Constabulary

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References

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1. http://www.cps.gov.uk/foi/foirequest.doc
2. http://www.devon-cornwall.police.uk/

Devon and Cornwall Constabulary

Dear Mr Henderson,

Thank you for your request for information, dated March 8, 2009, which was
received by this office on March 9, 2009.

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. However, when a qualified exemption applies to information
and the public interest test is engaged, the Act allows time for response
to be longer than 20 working days, and a full response must be provided
within such time as is reasonable in all circumstances of the case. We
do, of course, aim to make all decisions within 20 working days, including
in cases we need to consider where the public interest lies in respect of
a request for exempt information. In this case, however, we have not yet
reached a decision on where the balance of the public interest lies.

We estimate that it will take an additional 10 working days to make a
decision on where the balance of the public interest lies. Therefore we
plan to let you have a response by April 20, 2009. If it appears that it
will take longer than this to reach a conclusion, we will keep you
informed.

The specific exemption that is being considered in relation to your
request which require the application of a public interest test is section
30(Investigations and proceedings).

Complaints
If you are not satisfied with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to the Head of Information Management,
Information Management Department, Devon & Cornwall Constabulary,
Middlemoor, Exeter, EX2 7HQ, Devon.

If you are not satisfied with the outcome of your Force complaint or
review, you may apply directly to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.
Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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Devon and Cornwall Constabulary

Dear Mr Henderson,

My sincere apologies for the delay in sending this email. I'm afraid that
I need more time to consider the public interest in the disclosure of your
requested information. Despite the delay in sending this email I have back
dated the extension I require to the date estimated in the below email and
expect to be able to provide a response to your request on May 04, 2009.
If it appears that it will take longer than this to reach a conclusion, I
will keep you informed.

The specific exemption that is being considered in relation to your
request which require the application of a public interest test is section
30(Investigations and proceedings).

Complaints
If you are not satisfied with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to the Head of Information Management,
Information Management Department, Devon & Cornwall Constabulary,
Middlemoor, Exeter, EX2 7HQ, Devon.

If you are not satisfied with the outcome of your Force complaint or
review, you may apply directly to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.
Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
Please consider the environment - do you really need to print this email?

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
Please consider the environment - do you really need to print this email?

show quoted sections

Devon and Cornwall Constabulary

Dear Mr Henderson

I write in connection with your email dated March 8, 2009, which was
received by this office on March 9, 2009 requesting the following
information:

[1] all documents relating to any complaint made against DC Magnus Scott

[2] all documents relating to any internal investigation of DC Magnus
Scott by Devon and Cornwall Constabulary

The Devon and Cornwall Constabulary can neither confirm nor deny that it
holds the information you requested. The duty in section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of sections
30(3) (investigations and proceedings); 40(5) (personal information);
41(2) (information provided in confidence). However, this should not be
taken as conclusive evidence that the information that you requested
exists or does not exist.

Therefore under section 17(4) of the Freedom of Information act this
letter acts as a Refusal Notice.

In order for you to understand this decision more fully the following
further explanation is provided.

Every Freedom of Information request must be treated on an `applicant
blind' basis, which means that we do not consider who the requester is and
why he may be asking for that information. Further, any information
disclosed means that this becomes a public document which in principle
becomes available to any member of the public. We have to be extremely
careful that harm does not arise from confirming or denying if particular
information, such as information concerning personnel/employment matters,
is held. Such confirmation in itself may lead to the identification or
harm of individuals (or in other cases may provide criminals or alleged
criminals with information that may assist them in some way). We also
have to take cognisance of the impact such a disclosure may have on future
requests for similar types of information, where by refusing the
information in one instance but not confirming or denying the information
is held in another instance, may in itself provide information that may
harm individuals or provide criminals with useful information.

Any information that Devon and Cornwall Constabulary may hold about an
individual can be requested by that individual under the Subject Access
provisions of the Data Protection Act 1998. Any disclosures of such
personal information are made in accordance with that Act. Any requests
for such information should be addressed to the Data Protection Unit at
Police Headquarters. If legal proceedings are intended, a court order may
be used to obtain this information from the Force, if it exists.

I regret that I am unable to meet your request but should you have any
further information needs in the future then please contact me.

Complaint Rights
If you are not satisfied with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to the Head of Information Management,
Information Management Department, Devon & Cornwall Constabulary,
Middlemoor, Exeter, EX2 7HQ, Devon.

If you are not satisfied with the outcome of your Force complaint or
review, you may apply directly to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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References

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1. http://www.devon-cornwall.police.uk/

Malcolm Lidbury left an annotation ()

...and guess what happened to those who try to expose the continuing problem of homophobic attitudes & practises within the Devon & Cornwall Constabulary

See here:-

http://pinkpasty.blogspot.com/2009/04/ho...

For dishonesty, prejudice & corruption one need look no further than a police station in Cornwall.

Malcolm Lidbury left an annotation ()

A Slice of Cornwall's LGBT Homophobic History (with photos & documents) including that of the prejudice & discrimination by Devon & Cornwall Constabulary!
http://pinkpasty.blogspot.com/2010/01/sl...

Malcolm Lidbury left an annotation ()

OPEN LETTER to Mr A Hogg, Devon & Cornwall Constabulary Police Crime Commissioner regarding Devon & Cornwall police corruption & criminality.

http://pinkpasty.blogspot.co.uk/2012/11/...

Malcolm Lidbury left an annotation ()

Annotation to FOI: http://www.csainquiry.blogspot.com Victim Survivor Witness Testimony aknowledged as received by secretariat of statutory Goddard Child Sex Abuse Inquiry 2015. This statement to statutory CSAinquiry relates to misconduct, obfuscation & misfeceance by DC police RE: This FOI request

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