Gangs 439/2024
FOI Reference: 439/2024
Request 1 & 2:
- Your definition of what is classified as a gang?
- How many active gangs are known to the Dyfed-Powys Police?
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Organised Crime Group = More than one person working together with the intent and capability to commit serious crime on a continuing basis
Urban Street Gang = Criminal groups concerned with perpetuating a threat of violence or harm across a geographical area related to their main activities.
Response 2:
Section 31(1)(a)(b) – Law Enforcement
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
The Section 31 exemption is a prejudice-based qualified exemption. There is therefore a requirement to carry out a HARM Test in respect of such information and there is a requirement to carry out a Public Interest Test in order to establish whether the public interest in maintaining the exemption may be outweighed by a wider public benefit in disclosure.
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 active gangs would divulge the forces’ tactical capability in respect of this area of policing, which would cause operational harm to the Dyfed-Powys Police Force 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. Also, disclosure of police buildings deemed sensitive and its purposes would not only impact upon police resources but would also undermine law enforcement in relation to hindering the prevention and detection of crime.
Public Interest Test
Considerations favouring disclosure:
Factors favouring the disclosure of this information would include better awareness regarding buildings used by Dyfed-Powys Police.
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 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 certain police buildings would divulge the forces’ tactical capability in respect of this area of policing which would cause operational harm to the Dyfed-Powys Police Force as well as potentially place officer’s 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.
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. Public safety is of paramount importance and the police service will not divulge information if to do so would compromise law enforcement.
Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Section 24(1) – National Security
Evidence of Harm
To release information relating to police buildings that are deemed sensitive would enable criminals and terrorists to geographically map force areas and identify ‘vulnerabilities within force area’ thereby rendering them easy targets. Modern day policing is intelligence-led and this is particularly pertinent with regard to both law enforcement and national security. The public expect police forces to use all powers and tactics available to them to prevent and detect crime or disorder and maintain public safety.
The prevention and detection of crime is the foundation upon which policing is built and the threat from terrorism cannot be ignored. It is generally recognised that the international security landscape is increasingly complex and unpredictable. The current UK threat level from international terrorism, is assessed as ‘Substantial’ which means that a terrorist attack is highly likely. Threat Levels | MI5 - The Security Service
The Police Service has a duty of care to all individuals, including members of the public, police officers and police staff members. By disclosing this information the health and safety of the community at large would be compromised by highlighting force capabilities which would enable offenders to target their offending at vulnerable force areas which could lead to the public receiving injuries and suffering with stress and anxiety.
Factors favouring disclosure:
The public are entitled to know how public funds are spent and how resources are distributed within an area of policing. To provide the number of active criminal gangs would allow for public awareness of resourcing and capability of Dyfed Powys police, which in itself would lead to better public debate and participation. It would also help the public become more informed to make decisions about police funding and use of resources.
Factors favouring non-disclosure:
Security measures are put in place to protect the community we serve. As evidenced within the harm to provide the number of active criminal gangs would highlight to individuals intent on carrying out criminal activity potential vulnerabilities within Dyfed Powys police force.
Balance Test
Taking into account the current security climate within the United Kingdom, no information which may aid a terrorist should be disclosed. To what extent this information may aid a terrorist is unknown, but it is clear that it will have an impact on a force’s ability to monitor terrorist activity. The public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain. The cumulative effect of terrorists gathering information from various sources would have even more of an impact when linked to other information gathered from various sources. The more information disclosed over time will give a more detailed account of the tactical infrastructure of not only a force area but also the country as a whole. Any incident that results from such a disclosure would, by default, affect National Security.
Therefore it is our opinion that for these issues the balancing test for disclosing the requested information would not be in the public interest.
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 02/07/2024)