Firearm offences 760/2022

FOI Reference: 760/2022

Request:

I am writing to make a request for information under the Freedom of Information Act 2000. Please provide the following data:

• The number of offences committed using legally owned firearms and shotguns (i.e. subject to a current licence, being used by the licence holder or other approved person) over the past five years, to the most recent possible date
• Broken down by offence or offence group to the most detailed level possible

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 28.53 hours) to comply with this part of your request. The regulations can be located @ www.legislation.hmso.gov.uk/si/si2004/20043244.htm

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 reviewing the crime records in which  a firearm has been listed as a weapon against the relevant systems that record data relating firearms and shotgun licences/certificates to ascertain a response in relation to your request. It has been established that there are a total of 215 records that cover the period of your request.  It has also been established that it would take a minimum of 8 minutes to review and obtain the information for a single record in respect of your request (as outlined above).  The process outlined results in the below time estimate.

2017 = 4 records@ a minimum of 8 minutes per record = 0.53 hours

2018 = 42 records@ a minimum of 8 minutes per record = 5.60 hours

2019 = 37 records@ a minimum of 8 minutes per record = 4.93 hours

2020 = 49 records@ a minimum of 8 minutes per record = 6.53 hours

2021 = 29 records@ a minimum of 8 minutes per record = 3.87 hours

2022* = 53 records@ a minimum of 8 minutes per record = 7.07 hours

(*up to the date of the request)

Time estimate to complete task = 28.53 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.

                                                                                                                                               

(This is a response under the Freedom of Information Act 2000 and disclosed on 08/11/22)