PND Educational (‘PND-E’) Courses

The request was successful.

Dear Essex Police,

I hope all’s well. I am making a request for information under the Freedom of Information Act. I would like to have a set of specific, discrete data, please.

I would like to know what, if any, PND Educational ('PND-E') Courses you provide? It may assist you to note that the power to establish a PND-E scheme is provided by s2A Criminal Justice and Police Act 2001 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. A penalty notice with an education option (“PND-E”) provides a person with the opportunity to discharge their liability to be convicted of the penalty offence by paying for and completing an educational course that relates to the penalty offence’

Yours faithfully,

Radha Baan

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
14568.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon Section 17 of the FOIA requires that we provide 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 your enquiry:

 

I am making a request for information under the Freedom of Information
Act. I would like to have a set of specific, discrete data, please.

 

I would like to know what, if any, PND Educational ('PND-E') Courses you
provide? It may assist you to note that the power to establish a PND-E
scheme is provided by s2A Criminal Justice and Police Act 2001 as amended
by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. A
penalty notice with an education option (“PND-E”) provides a person with
the opportunity to discharge their liability to be convicted of the
penalty offence by paying for and completing an educational course that
relates to the penalty offence’

 

Essex Police has made enquiries within the force, however, Essex Police is
unable to comply with Section 1(1)(a) by virtue of exemption Section
12(2).

 

Section 12 of the FOIA states that a public authority is not obliged to:

 

 1. “…comply with a request for information if the authority estimates
that the cost of complying with the request would exceed the
appropriate limit.”

 

 2. Subsection (1) does not exempt the public authority from its
obligation to comply with paragraph (a) of Section 1(1) unless the
estimated cost of complying with that paragraph alone would exceed the
appropriate limit.

 

The following explanation outlines the difficulty Essex Police has in
answering your request:

 

Essex Police are unable to accurately extract the level of detail in
relation to your request for the requested period from our current
systems.  Essex Police systems are designed primarily for the management
of individual cases and not primarily for the production of statistical
information for FOI responses.  Education schemes are available locally,
however, this request would entail contacting all the District Policing
Areas/Commands/Departments within Essex Police to establish if any such
information was held as there is no central log.  To establish if
information is held would, therefore, exceed the time and cost limits
under the FOIA and would qualify as the creation of data as the results
cannot be processed by means of purely sorting or filtering data sources
or running a database query tool. There is no requirement under the act to
create data purely to answer FOI requests.

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide information you have requested under the provisions of Section
12(2) of the FOIA.  Therefore, and in accordance with Section 17(1) of the
FOIA, this communication must act as a refusal notice to provide all of
the information that could be interpreted as being captured by this part
of your request.

 

Having said that, and in an effort to assist, although excess cost removes
the force’s obligations under the FOIA, Essex Police can confirm the
following:

 

Essex Police only issue PND’s for motoring offences and for certain COVID
related offences.  PND’s for other offences were stopped 12 months ago in
Essex in favour of Conditional Cautions and Community Resolutions.

 

Conditions can be applied to Conditional Cautions and Community
Resolutions and this includes referrals to certain courses. These courses
include Victim Awareness, Alcohol Awareness and Anger Management Courses.

 

Section 16(1) of the FOIA provides that a public authority is required to
provide advice and assistance, Essex Police can confirm that we can
identify when PND’s have been used and the outcomes, however, additional
information about the conditions would be in either enquiry log free text
or attached documentation – we cannot query the enquiry log text and we
cannot extract documents or query the content of attached documents.

 

Thank you for your interest in Essex Police and we are sorry that we have
not been able to provide the information you have requested on this
occasion.  If you do require further information a new request will need
to be submitted and the request will be dealt with accordingly.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [3][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[4]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [6]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

From: Info Rights Freedom Essex
Sent: 29 June 2020 14:04
To: 'Radha Baan' <[FOI #673193 email]>
Subject: FOI 14568 - Penalty Notice for Disorder - Education Scheme PND-E

 

Thank you for your enquiry which has been logged under the above reference
14568.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[8]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[9]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[10][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[11]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[12]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [13][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [14]https://ico.org.uk/

 

 

 

show quoted sections