Drug driving 661/2024
FOI Reference: 661/2024
Request:
1) How are initial contacts of this nature recorded? Dyfed-Powys Police record incidents of this nature under "Traffic Related Reports" and by Lancashire Constabulary under "Road Related Offence".
2) Reference numbers are sent by Dyfed-Powys Police in response to an email report, or text to the mobile of the reporting party. What kind of reference number is sent by your Police Force following a person through email reporting the offence of an individual regularly drug driving, but which does not relate to a 'live' incident?
3) Where the reported offence of drug driving does not relate to a 'live' incident, Dyfed-Powys Police's Force Communication Centre logs it for intelligence and it is sent to their Crime and Incident team. What code/intelligence class is this recorded under?
4) What happens next? For example, does the Team review the intelligence and action it accordingly by for example adding a PNC marker to the ANPR system against the suspect's vehicle's registration plate or contacts the member of the public who reported the offence asking for more details if this is assessed as necessary? What are the actions/outcomes available to the Crime and Incident Team?
5) Do you hold any internal documentation that has relevance to assisting officers in determining what category of PNC Marker (e.g. High/Medium/Low) should be added to a Vehicle of Interest (VOI) in relation to reports received by your Police Force from members of the public in which allege an individual is regularly drug driving, which would be recorded as ‘Road Related Offence’, the definition of which covers unconfirmed offences such as reports of someone driving carelessly, or suspected impaired driving.
I have reviewed the National ANPR Standards for Policing & Law Enforcement (NASPLE) accessible via weblink: National ANPR standards - GOV.UK (www.gov.uk) and cannot find any information with relevance to my FOI Request.
I have also reviewed the attached PNC Manual and Code of Practice for the PNC and LEDS.
6) A report received by your Police Force from members of the public in which allege an individual is regularly drug driving constitutes a ‘State’ based offence; i.e. one where ‘Regina’ is the victim, I believe would be treated as intelligence until/unless a police officer can evidence the offence to the point at which a prosecution can take place. In light of this, where confirmation of receipt of the report received by the Police Force is requested from the member of the public, it will be provided by the same means the report is received, would a CAD reference or Athena reference be provided? I understand you do not use Athena, so please substitute Athena for the name of the equivalent system used by your Police Force.
7) Please find attached Page 38 of the Home Office's Crime Recording Rules for Front line Officers and Staff 2023/24 showing Assault Flowchart. Do you hold anything similar in nature to the Assault Flowchart but pertaining to your process of handling reports received from members of the public regarding individuals believed to be regularly drink/drug driving. For example, are they passed to your Roads Policing Unit for review?
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
T-Other
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Reference in the format:
DP-20240710-&&&
Response 3:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Where the reported offence of drug driving does not relate to a 'live' incident, Dyfed-Powys Police's Force Communication Centre logs it for intelligence and it is sent to their Crime and Incident team.
What code/intelligence class is this recorded under?
This depends on the source of the information. We use the national intelligence grading system
Response 4:
I can confirm that Dyfed-Powys Police does hold the information requested however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to the requested information thereby exempting its release.
Section 1 of the Freedom of Information Act 2000 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) State (if that would not otherwise be apparent) why the exemption applies
Section 31(1)(a)(b) Law Enforcement:
(1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice -
(a) the prevention or detection of crime
(b) the apprehension or prosecution of offenders
Section 31 is a prejudice based qualified exemption and as such, there is a requirement to provide details of the harm as well as the public interest test.
Section 31 Evidence of Harm
Under the Act, we cannot, and do not request the motives of any application for information. We have no doubt that the vast majority of requests made under the Act are legitimate and the applicants do not have any ulterior motives. However, in disclosing information to one applicant, we are expressing a willingness to provide it to anyone in the world. This means that a disclosure to a genuinely interested and concerned person automatically opens it up for a similar disclosure, including those who would use the information to gain an advantage over our ability to exercise our core function, which is Law Enforcement.
In considering whether or not this information should be disclosed, consideration has been given to the potential harm that could be caused by disclosure.
The police service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The general public are also aware that modern day policing is intelligence led and that there are changes on a day to day basis. Disclosure of information in respect of potential actions taken by the police would be highly valuable to the criminal fraternity, and will give away police tactics, which would cause operational harm to the Dyfed-Powys Police Force as well as potentially placing officer safety at great risk as well as that of the general public by affecting our ability to fulfil our core function of law enforcement. The release of such information would be invaluable to those with criminal intent as criminals would be able to identify force tactical capabilities and use this knowledge to their own advantage in furthering criminal activity not only within this force but also throughout the country.
This would or would be likely to prejudice the prevention or detection of crime and the apprehension or prosecution of offenders.
Public Interest Test:
Section 31 - Considerations favouring disclosure:
Factors favouring the disclosure of this information would include better awareness regarding force actions as a result of information received.
Section 31 - Considerations favouring non-disclosure:
Factors favouring non-disclosure would be that it would compromise law enforcement tactics and more crime could be committed. This would have an impact on police resources and would hinder the prevention or detection of crime and place individuals at risk
Balance Test
After considering the advantages and disadvantages in disclosure, it falls upon Dyfed-Powys Police to conduct a balance test on the issues. The strongest arguments for release, which is better awareness, needs to be weighed against the strongest argument for non-release, which in this case is Effective Law Enforcement. The Police Service is tasked with the prevention and detection of crime and protecting the public. Whilst there is a public interest in this subject there is a very strong public interest in safeguarding the protection of the public and the effective use of police resources.
Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Response 5:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Yes.
Please note: We only have the College of Policing guidance document in relation to ACT and REACT reports on PNC.
Response 6:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
STORM
Response 7:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
All intelligence, including that of drink/drug drive is recorded on the force intelligence system and reviewed by the force intelligence bureau and actioned according the threat / harm / risk.
Dyfed-Powys Police does not have a corresponding flow chart.
It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.
Furthermore, it should also be noted that Police forces in the United Kingdom are routinely required to provide crime statistics to government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force's response to your questions should not be used for comparison purposes with any other response you may receive.
(This is a response under the Freedom of Information Act 2000 and disclosed on 02/08/2024)