Quantity of cash - Aintree

I Hudson made this Freedom of Information request to Merseyside Police

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The request was refused by Merseyside Police.

Dear Merseyside Police,

The police report about making an arrest for drone use at Aintree stated that a large quantity of cash was retrieved, how much was this?

What offence was the spotter arrested for?

https://www.merseyside.police.uk/news/me...

Yours faithfully,

I Hudson

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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.

 

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Freedom Of Information, Merseyside Police

1 Attachment

Good afternoon,

 

Response Letter - FOI Application (please quote in all correspondence)

 

I write in connection with your request for information, reference AG 2021
0464, in which you seek access to the following information:

 

Specific information relating to arrests made near to Aintree Racecourse
09/04/21

 

Following receipt of your request, searches were conducted within
Merseyside Police to locate information relevant to your request. I can
confirm that the information that you requested is held by Merseyside
Police, however under the provisions of the Freedom of Information Act
2000 it is exempt by virtue of Section 30 FOIA. This communication
therefore serves as a Refusal Notice under the FOI Act. Please find
attached my full Response Table which includes the Harm and Public
Interest Test.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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.

 

Reason for Decision:

 

S30 Investigations

Section 30 states that information held for the purposes of investigations
is exempt from disclosure.

[1]https://www.legislation.gov.uk/ukpga/200...

 

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Kind regards,

 

Alex

=
Alexandra Galvin
Disclosure Analyst - FOI Team
Merseyside Police

FOI Team
Data Access Unit
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
E-mail: [2][Merseyside Police request email]

 

Complaint Rights

Your attention is drawn to the information following this response, which
details your rights of review and of complaint.

Making a complaint or appeal about your Freedom of Information response

We accept that sometimes you may not agree with the decision we’ve made
about your Freedom of Information request. If this is the case there is an
internal complaints procedure that should be followed.

You should make your complaint in writing to:

 

Freedom of Information Team

Data Access Unit
Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

 

It should detail:

What the original request was

The nature of the complaint

Why you feel you should have received more information

Your complaint will be fully investigated and will be dealt with by a
staff member who was not involved in the original decision. We will write
to you to advise the outcome of your complaint.

If you are dissatisfied with the results of your complaint you have the
right to appeal to the Information Commissioner. He can be contacted at:

 

The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

[3]http://www.ico.org.uk

 

 

 

 

 

 

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References

Visible links
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2. mailto:[Merseyside Police request email]
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Dear Merseyside Police,

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

I am writing to request an internal review of Merseyside Police's handling of my FOI request 'Quantity of cash - Aintree'.

This was a 2 part question, the amount of cash and a request to know what offence the spotters (i.e. people employed just to watch a drone's flight were arrested with).

I have no issue if the amount of cash isn't revealed if there's good reason for that, it does however seem unusual to refuse to reveal what crime the spotters were charged with.

This arrest has alarmed the entire UK drone industry and has attracted both national and international interest. No one is aware of any provision in the Air Navigation Order Legislation for arresting spotters so this information is in the public interest to release.

There's genuine concern as the arrest was performed to support The Jockey Club which is a private company against other private companies engaged in filming using drones. Given the police are a public service and are not a private force to pursue The Jockey Club's interests alone, transparency is very important.

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

Yours faithfully,

I Hudson

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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.

 

============================================================
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taken to ensure that this email message has been swept for the presence of
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Dear Freedom Of Information,

I've asked for an internal review of the FOI reference AG 2021
0464 on 24th May and received an acknowledgement message but have heard nothing since.

https://www.whatdotheyknow.com/request/q...

The basis of my internal review was as follows:

This was a 2 part question, the amount of cash and a request to know what offence the spotters (i.e. people employed just to watch a drone's flight were arrested with).

I have no issue if the amount of cash isn't revealed if there's good reason for that, it does however seem unusual to refuse to reveal what crime the spotters were charged with.

This arrest has alarmed the entire UK drone industry and has attracted both national and international interest. No one is aware of any provision in the Air Navigation Order Legislation for arresting spotters so this information is in the public interest to release.

There's genuine concern as the arrest was performed to support The Jockey Club which is a private company against other private companies engaged in filming using drones. Given the police are a public service and are not a private force to pursue The Jockey Club's interests alone, transparency is very important.

Yours sincerely,

I Hudson

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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.

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

I Hudson left an annotation ()

Escalated to the ICO.

I Hudson left an annotation ()

ICO ref: IC-133003-J1K2

I Hudson left an annotation ()

On 18 October 2021, the ICO communicated the following action to Merseyside Police:

If it is the case that you have not issued an internal review decision to the complainant, please do so within seven working days as the review has already been delayed.

Boyham Ian Frank, Merseyside Police

6 Attachments

Good afternoon Mr Hudson,

 

Further to your email of 24/05/21 acknowledging receipt of your request
for Merseyside Police to conduct an internal review of your Freedom of
Information, and your further email dated  20/07/21, please accept my
apologies for the delay in providing this response to you. I confirm that
I have completed my review.

 

You requested: (summary) ‘Arrest for drone use at Aintree stated that a
large quantity of cash was retrieved, how much was this? What offence was
the spotter arrested for?’

 

Decision

I have decided to uphold the original decision, for the reasons stated in
the attached amended response table.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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.

 

Reason for Decision: Please see attached response table following internal
review.

 

Complainant Rights:

Should you disagree with this decision you have a further right of appeal
to the Information Commissioner the contact details for whom are below.

 

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

More information is available from the Information Commissioner's website

http://www.ico.org.uk

 

Yours sincerely,

 

Ian.

 

Ian Boyham
Information Assurance Coordinator
CSD Information Security

Direct Line Tel: +441517778317
Mobile Tel: +447966651121
Email: [email address]
Website: [1]www.merseyside.police.uk

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References

Visible links
1. http://www.merseyside.police.uk/
2. https://www.facebook.com/merseypolice
3. https://twitter.com/merseypolice
4. https://www.youtube.com/merseysidepolice
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6. https://www.merseyside.police.uk/hyg/fpn...

Dear Merseyside Police,

RE: FREEDOM OF INFORMATION Ref: AG 2021 0464

You have stated in the Internal Review that:
Merseyside Police issued a further new release on 10th April 2021, which states the legislation which
led to the arrests. Please see the link:
https://www.merseyside.police.uk/news/me...
after-drone-spotted-being-flown-near-to--aintree-racecourse/

The the whole crux of this FOIA, is that the legislation cited, the Air Navigation Order, isn't for the purpose of arresting spotters, so the press release doesn't make sense, the UK authority on this legislation is the Civil Aviation Authority and they have stated that Merseyside Police did not consult them on these arrests. Which are the first arrests in history of drone spotters.

https://www.whatdotheyknow.com/request/a...

It's a national and international story, it's in the public interest and really this ought to be a matter for professional standards to investigate. Why have force assets been used in a dispute between private companies as this is what has happened here?

The Verge has done an article on the matter since with the CPS having decided not to pursue action suggesting there was no case to answer: https://www.wired.co.uk/article/horse-ra...

So it appears no crime was committed yet police resources at tax payers expense were used and now there's a complete lack of transparency on the matter.

I've escalated this to the ICO as the idea drone flyers can be arrested and a whole song and dance made about it then a complete lack of transparency when it appears no crime took place to explain the charges that led to this smacks of covering up a mistake from public scrutiny.

Yours faithfully,

I Hudson

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

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.

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

I Hudson left an annotation ()

The last response to Merseyside Police mentions The Verge when the publication link included is to Wired. It was in fact Wired that was the source of the story which evidences this arrest is a matter of news and public interest.