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FOI Reference: 786/2024
Request:
We write in relation to police force and CPS decisions to investigate, arrest and prosecute/charge people with offences under ss58, 59 and 60 of the Offences Against the Person Act 1861, and under s1 of the Infant Life (Preservation) Act 1929, between 2019 and 2024. We request from you, under the Freedom of Information Act 2000:
(1) Copies of any policy or guidance, whether formal or informal, regarding decisions to investigate, arrest and prosecute individuals in connection with the offences referred to above.
(2) Any memorandum of understanding between your individual police force and the CPS in relation to the offences referred to above, for example with regard to the operation of the CPS Code for Crown Prosecutors public interest test.
(3) All communication between your individual force and the CPS with regards to the operation of policy, whether formal or informal, and/or the development of policy, including informal policy, regarding decisions to investigate, arrest and prosecute/charge individuals in connection with the offences referred to above.
(4) All records, such as meeting minutes and communications by email, of discussions at the supervisory level, reviewing and/or making decisions to seek advice with regards to the investigation, arrest and prosecution/charge of individuals in connection with the offences referred to above, and specifically any communications at supervisory level.
(5) All communications internally within the force regarding media strategy related to the investigation, arrest and prosecution/charge of individuals for the offences referred to above, and specifically any communications at supervisory level.
Response:
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.
I can confirm that the cost of determining whether any information relative to questions 3-5 of this request is or isn’t held is above the amount to which we are legally required to respond therefore we are withholding the whole of the requested information since we consider that the Section 12 (2) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.
Where exemptions are relied upon Section 17 of the Freedom of Information Act 2000 requires Dyfed Powys Police, when refusing to provide such information (because the information is exempt) to provide you the applicant 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 following exemption has been applied to the whole of the information you have requested:
Section 12(2) – The cost of compliance exceeds the Appropriate Limit
Section 12(2) states: “…Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.”
The cost of determining what information is held, if any, relevant to questions 3-5 of your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum of 38.63 hours) to comply with your request. The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244
The Freedom of Information department has been advised that in order determine what information is held, if any, in relation to all communication and records regarding the offences referred to in your request would require contacting each and every individual employed within the force, within the specified time period. It has been established that as of March 2023 there were a total of 2318 personnel (Police officers, PCSO’s and Police Staff) employed within the force and it has been estimated that it would take a minimum of 1 minute for each of the personnel to research electronically to identify whether any such information is held. The relevant time estimate is detailed below:
2318 staff x 1 minute = 38.63 hours
Total of 38.63 hours to complete task
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the WHOLE of this request under Section 17(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.
You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, however with due regard to the time estimate provided above it is unlikely that refining your request will fall under the 18 hours as the same method and format will have to be undertaken. Should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit.
Please also be advised that should the request be refined, it does not remove the Force’s right to cite exemptions if relevant.
Although excess cost removes the forces obligations under the Freedom of Information Act to provide any further information, as a gesture of goodwill, I have provided information, relative to questions 1 & 2 of your request as outlined below. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.
Questions 1 & 2
Please note that the relevant departments have advised that there is no information held, this is due to the fact that we do not have policy and guidance documents on all offence types and if presented with one of the offences relevant to this request then the CPS would be liaised with at an early stage.
(This is a response under the Freedom of Information Act 2000 and disclosed on 05/09/2024)