Fleet vehicles 1081/2024

FOI Reference: 1081/2024

Request:

Please can you supply me with the following information?

Registration number:

Make:

Model:

of all vehicles currently on your fleet list (both owned/leased) and all vehicles sold between 01/09/2023 and 31/10/2024, within your Police Constabulary.

Response:

I can confirm that Dyfed-Powys Police does hold the information requested (located at the end of response 1), however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to some of the requested information (i.e. any covert information and vehicle registration numbers) 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 certain unmarked vehicles connected with covert policing 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. This would or would be likely to prejudice the prevention or detection of crime and the apprehension or prosecution of offenders.

Furthermore, providing full lists of vehicle registration numbers (VRNs) for marked vehicles provides opportunities for criminality to benefit, or for risks to be extended to members of the public as follows:

Providing a list of police VRN’s provides an infinite pool of registrations that could be used for nefarious purposes: -

Purporting for vehicles to be “real” police cars, using cloned plates.

Marked police vehicles are often exempt toll and congestion charges, facilitated by automatic recognition of VRN - cloned vehicles would avoid these charges.

Decommissioned police vehicles are sold at public auction and will re-appear in domestic use, usually driven by members of the public. Making lists of VRNs accessible, may potentially expose unaware members of public to direct challenge and or risk of harm.

Detailed VRN listings will potentially enable an Organised Crime Group (OCG) to understand the force’s capability, through the volumes and types of vehicles being operated.

It is arguable that a VRN plate is openly visible on a marked police vehicle, and that historically has been the argument used in mitigation of harm when providing VRN’s under FOI. However the key issue here is that once the data has been compiled and provided, forces have no control over how it is used nor its validity. By formulating and compiling that data into publicly accessible lists (putting it all in one place for criminals including OCG’s, or those with criminal intent to view as a whole picture) adds significant additional context and value to the recipient, which would be detrimental to policing and potentially harmful to the service and worst case, to individuals.

Public Interest Test:

Section 31 - Considerations favouring disclosure:

Factors favouring the disclosure of this information would include better awareness regarding force vehicles.

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.

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.

(This is a response under the Freedom of Information Act 2000 and disclosed on 28/11/2024)