Darryl J Lee (Mr.)

Dear Essex 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.)

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
14908.

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,

 

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

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)

Information Management aspires to be: Helpful, Inclusive & Professional

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][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

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 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:

 

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).

 

Essex Police cannot meet the obligation under Section 1(1)(b) as the
following exemptions apply:

 

S24 – National Security

S31 – Law Enforcement

 

Factors favouring disclosure of information for Section 24

Revealing this information would enable the public to have some
reassurance that Police are well trained and prepared in counter terrorism
and crime prevention/detection. This is an issue high on the public agenda
and therefore the release of this information would contribute to an
informed public debate.

 

Factors against disclosure of information for Section 24

Revealing this information may identify National ‘soft spots’ that
terrorists and criminal organisations can exploit in order to pursue their
activities.

 

This could threaten the successful delivery of the government's counter
terrorism strategy and lead to the public being at increased risk from
terrorism. There is also potential for such data to be used to increase
community tensions by pointing out policing vulnerabilities in certain
locations, which would not be in the public interest.

 

Any information shared Nationally has the potential to cover all aspects
of criminal activity, be it threats to National Security, future planned
robberies or intelligence relating to terrorist activity. Disclosure of
the information would enable those intent on engaging in terrorist
activities to determine which areas within the UK are easier to target.

 

Factors favouring disclosure of information for Section 31

The public are entitled to know how public resources are used and by
disclosing this information the public would be able to see where police
are focusing and know that forces are doing as much as they can to combat
crime and terrorism. Releasing this information would reveal to the public
that there are effective funds and measures in place to ensure that the
police are well trained and prepared to counter terrorism and crime
effectively and robustly.

 

Factors against disclosure of information for Section 31

Disclosure of the information would lead to law enforcement capabilities
being compromised which would hinder the prevention and detection of
crime. A fear of crime would be realised because if terrorists identified
more vulnerable areas, they would target and exploit those areas and the
public would be in fear of more criminal/terrorist activity occurring.
There would be an impact on police credibility to counter crime
effectively. If the resources and training to deter terrorist activities
is disclosed and some areas are deemed to be 'softer' at managing this
threat, terrorist cells may move to these areas in order to continue their
operations and avoid detection.

 

Balancing Test

The security of the nation and of the public are of paramount importance
and the Police service will not divulge information if to do so would
place the safety of an individual at risk or undermine National Security.
Whilst there is a public interest in the transparency of policing
resources/training and that the police service is appropriately and
effectively prepared to counter terrorism and crime, there is a very
strong public interest in safeguarding both National Security and the
integrity of police resources engaged in these highly sensitive areas.

 

Essex Police will not divulge information if it is likely that it will
compromise the work of the Police Service or place members of the public
at risk. It is therefore our belief that the balance test lies in favour
of not disclosing the information.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards,

 

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

Telephone: 101 | Email: [1][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)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

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.
[2]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:
[3]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: [4]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 [5]https://ico.org.uk/

 

From: Info Rights Freedom Essex
Sent: 19 October 2020 15:17
To: Darryl J Lee (Mr.) <[6][FOI #700100 email]>
Subject: FOI 14908 - Section 43 Terrorism Act Searches

 

Thank you for your enquiry which has been logged under the above reference
14908.

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
[7]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[8]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,

 

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

Email: [9][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)

Information Management aspires to be: Helpful, Inclusive & Professional

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.

[10]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: 
[11]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:  [12][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 [13]https://ico.org.uk/.

 

 

 

show quoted sections