Motorcycle rider risk assessment 117/2023
FOI Reference: 117/2023
Request:
Please can I obtain a Documented Risk Assessment for Police Motorcycle Rider
Clarification:
Clarification was sought from the applicant as we do not have a specific risk assessment for Police motorcycle rider, however, we do have a Roads Policing Units general risk assessment which encompasses police motorcycle risk. The applicant confirmed that they were happy to receive the Roads Policing units general risk assessment document.
Response:
I can confirm that Dyfed-Powys Police does hold the information requested, however some of that information has been withheld by virtue of Section 31(1)(a)(b) – Law Enforcement.
- Please see the attachment on the email named Roads Policing Unit general risk assessment FOI ref 117.2023.
Explanation of the applied exemption:
Section 31(1)(a)(b) Law Enforcement:
- 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 -
- the prevention or detection of crime
- 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 redacted information in respect of this request would divulge the forces’ tactical capability and equipment used in in relation to this area of policing which would cause operational harm to the Dyfed-Powys Police Force as well as potentially place officers 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 of how resources are being utilised, so that the public can be content that Dyfed Powys police is fulfilling its responsibility to protect and serve our communities. It is therefore in the
public interest to know how the force uses those resources.
Section 31 - Considerations favouring non-disclosure
However, 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, Dyfed Powys police would not disclose information that would compromise law enforcement tactics and prejudice the prevention or detection of crime, the apprehension or prosecution of offenders and place individuals at an increased risk of harm. Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
It should be noted that owing to the systems adopted by Dyfed-Powys Police in relation to the recording of such matters the information provided may or may not be accurate. 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 05/02/24)