Using a mobile phone whilst driving 342/2025

FOI Reference: 342/2025

Request

The number of drivers prosecuted for using a handheld mobile phone in the areas covered by Dyfed-Powys Police.

Please could the information be provided for the last five calendar years (2019 to 2024), with the number of prosecutions for each calendar year.

Would you also be able to provide the number of prosecutions for using a handheld mobile phone in area covered by the force for the above time periods by age within these calendar years.

Clarification received

The total figures of drivers convicted for the last five calendar years (2019 to 2024), with the number of convictions for each calendar year in the Dyfed Powys Police area.

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.

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.

I can confirm that Dyfed-Powys Police does hold the information you have requested. However, we are withholding the whole of the requested information since we consider that the Section 12(1) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.

Section 12 (1) – The cost of compliance exceeds the Appropriate Limit

Section 12(1) states: “…Section 1 (1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.”

The cost of providing you with the information requested in respect 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 315 hours) to comply with this part of your request. The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244

The Freedom of Information department has been advised that the information in respect of your request is not held in an easily retrievable format. In light of this and in order to accurately obtain the information relative to your request, for the time frame stipulated would involve Dyfed Powys Police accessing and manually reviewing 4,723 records.

It has also been established that it would take a minimum of 4 minutes to review and obtain the information for a single record in respect of your request. 

The process outlined results in the below time estimate.

In order to establish if someone was convicted for an offence would involve manually reviewing each case file to see if the person was convicted at court.

2019 – 51 cases x 4 minutes = 3.4 hours

2020 – 56 cases x 4 minutes = 3.7 hours

2021 – 47 cases x 4 minutes = 3.1 hours

2022 – 96 cases x 4 minutes = 6.4 hours

1st Jan - 12th May 2023 – 1 case x 4 minutes = 0.06 hours

For cases after 12th May 2023, due to the implementation of NICHE (new police computer software system), each case would have to be manually reviewed to see if it relates to a mobile phone offence and whether the person was convicted.

13th May - 31st Dec 2023 – 2,211 files x 4 minutes = 147.4 hours

2024 – 2,261 files x 4 minutes = 150.7 hours

TOTAL = 314.76 hours

Time estimate to complete task =  314.76 hours

In accordance therefore 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, 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 public authorities right to cite exemptions if relevant.

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 a response under the Freedom of Information Act 2000 and disclosed on 11/04/2025)