Witness Statements

Dear Mr Pickthall,
 
I acknowledge receipt of your correspondence received 01/01/2014 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.
 
I am in the process of dealing with your request and will respond in due
course and in any case by 29/01/2014. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.
 
Regards
 
Julie Watson
Administration Assistant
Information Compliance
Professional Standards Department
Tel:    01606 366556

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Dear Mr Pickthall
 
I refer to your recent request for information under the Freedom of
Information Act 2000, as set out below in edited format:
 
0n the 20th August 2013 5 officers from your Force arrested me on
suspicion of sending malicious correspondence intending it to cause
harassment
 
While in Custody your officer's interviewed me on a number of different
occasions and at great length. During one of those interviews I was
informed there were four complainants,
At no time or since have you permitted me to see copies of the
complainants statements.
 
After a most intense investigation lasting 3 Months the Crown Prosecution
Service concluded there was insufficient evidence to prosecute me.
 
Will you kindly provide me copies of the four individuals witness
statements. 
 
In accordance with section 1(1) (b) of the Act, our response is as
follows:
 
I have now considered your request and I am not obliged to provide the
information.
 
Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when  refusing  to  provide  such  information  (because the
information  is  exempt)  to provide you with a notice which a) states
that  fact,  b)  specifies the exemption in question and c) states (if
that would not otherwise be apparent) why the exemption applies.
 
The information is exempt by virtue of:
 
Section 40 (2) Personal Data
Section 30 (1) (a) Investigations and Proceedings Conducted by Public
Authorities
 
Section 40(2) any information to which a request for information relates
is also exempt information if
(a) it constitutes personal data which does not fall within subsection
(1), and
(b) either the first or the second condition below is satisfied
(3) The first condition is:-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(c) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A (1) of the
Data Protection Act 1998 (which relates to manual data held by public
authorities) were disregarded.
(4) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section
7(1)(c) of that Act (data subject's right of access to personal data).
 
The information you have requested is the personal data of third parties.
To release personal data would breach principles 1 & 2 of the Data
Protection Act 1998 and would be unlawful.
 
Section 30 (1) (a) requires the consideration of a public interest test.
 
The factors that would favour disclosure are few and in my view are
limited to transparency.
 
The factors that would favour non-disclosure include the protection of the
investigatory process. There is a general recognition that it is the
public interest to safeguard the investigatory process. the right of
access should not undermine the investigation and prosecution of criminal
matters nor dissuade individuals from coming forward to report wrongdoing.
This principle is recognised by the Courts in that the general public
interest served by the exemption was 'the effective investigation and
prosecution of crime, which itself requires in particular the protection
of witnesses and informers to ensure people are not deterred from making
statements or reports by the fear that they may be publicised'.
 
In all the circumstances of the case, the public interest in maintaining
the exemption outweighs the public interest in disclosing the information
 
If I can be any further assistance in this matter, please do not hesitate
to contact me.
 
If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.
 
 
Regards
 
John Gannon
Information Compliance
Professional Standards Department
Tel:  01606 364176

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Dear Mr Pickthall,
 
I refer to your email dated 23/01/2014 in which you express
dissatisfaction with our response to your request under the Freedom of
Information Act 2000, our reference number 5106.
 
In view of your comments your request has been forwarded to Mr Nick Regan
who has been appointed by the Authority to act as an independent
appeals/reviewing officer. In accordance with our current policy, in line
with the requirements of the Act and guidance from the Information
Commissioner, our response to a review will be provided on or before the
20/02/2014.
 
If you require any further information you may contact Mr Regan direct on
the following:
 
By telephone: 01606 364113
 
or by email to
 
[email address]
 
You can of course contact me direct over this or any other FOI matter at
any time using the contact information already provided.
 
Regards
 
John Gannon
Freedom of Information Officer
Tel: 01244 614176
==========================
Cheshire Constabulary HQ
Winsford
CW7 2UA
 
 
 
 

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
The Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.

Dear Mr Pickthall,

Internal Review – The Freedom of Information Act 2000

I write with reference to your email dated 23^rd January 2014 in which you
requested an internal review of the Constabulary’s response to your
request for information under the Freedom of Information Act 2000, in its
communication dated 20^th January 2014.

In line with the S45 Code of Practice, I have conducted an internal review
under the Freedom of Information Act in relation to your request for
information. In carrying out this review, I have referred to the
legislation guidance, the Code of Practice on the Discharge of the
Functions of Public Authorities under Part 1 of the Freedom of Information
Act. I have also taken into account the ACPO Freedom of Information Act
Manual of Guidance and the communications between yourself and the
Constabulary in relation to your request for information.

For the purposes of clarity, your request is set out below (in italics):

On the 20th August 2013 5 officers from your Force arrested me on
suspicion of sending malicious correspondence intending it to cause
harassment

While in Custody your officer's interviewed me on a number of different
occasions and at great length. During one of those interviews I was
informed there were four complainants,

At no time or since have you permitted me to see copies of the
complainants statements.

After a most intense investigation lasting 3 Months the Crown Prosecution
Service concluded there was insufficient evidence to prosecute me.

Will you kindly provide me copies of the four individuals witness
statements. 

I would advise that after due consideration, the original Freedom of
Information Act response as detailed in the Constabulary’s email of the
20^th January 2014 is upheld.

In line with S17 of the Act, a public authority can refuse to respond to a
request and in refusing to provide such information (because the
information is exempt), to provide a notice which a) states that fact, b)
specifies the exemption in question and c) state why the exemption
applies.

I would confirm that the application of S30(1)(a) Investigations and
Proceedings Conducted by Public Authorities and S40(2) Personal
Information are appropriate and correct. 

With the application of S30(1)(a), Investigations and Proceedings
Conducted by Public Authorities, the Constabulary is required to undertake
the appropriate public interest test in order to assess as to whether to
disclose or withhold the information.

Factors that would favour disclosure include the authority being
transparent with its decision making.

Factors that would favour non-disclosure the protection of confidential
sources of information provided to the police.

On balance, the application of the exemption and non-disclosure outweighs
any public interest in demonstrating transparency.  

The information relating to witness statements is also exempt by virtue of
S40(2) Personal Information Data. Disclosure of this data would be in
breach of the 1^st and 2^nd Principles of the Data Protection Act 1998 and
would be unlawful. This is an absolute exemption.

Please note that disclosures made under the Freedom of Information Act
2000 are not just to the applicant but to the world as a whole as they are
published on the Constabulary’s website. One of the fundamental aspects of
the Act is to make authority information transparent and publically
available. This is however against a background of appropriate exemptions
to protect certain data, including personal data.

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

Under the Freedom of Information Act 2000, you have further recourse for
appeal, if required, to the Information Commissioner. Information can be
obtained about the appeal procedure from:

The Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK8 5AF

Yours sincerely,

Nick Regan

Information Security Manager

Information Compliance

Professional Standards

Cheshire Constabulary

01606 364113

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
The Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.