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I am writing to you to request information about vehicles used in your service in the time frame of 2021-2022 and any possible future vehicles possibly on order. If you could please also show all reserve vehicles used in 2021-2022(present).
Below are some details I request to be included:
Clarification
I would like it in Full calendar Year
A few considerations to note:
Section 31(1)(a)(b)-‘Law Enforcement’
The exemption applicable to the information you have requested for this question can be found at Section 31(1)(a)(b)-‘Law Enforcement’, of the Freedom of information Act 2000, and this refusal notice is issued under Section 17(5).
Harm
Disclosing certain types of vehicle would undermine policing tactics and operations by highlighting to members of the criminal fraternity the covert capability of the force and which forces, through mapping, where it would be ‘safe’ to travel in as much as the likelihood of being apprehended is reduced.
This would mean that the Force would be less able to detect and reduce crime on the roads or apprehend criminals. It would also provide awareness to terrorists who may wish to target the United Kingdom and want to travel using the road infrastructure. If such an attack took place this would undoubtedly lead to individuals’ health and safety being put at risk or may even result in death.
Section 31
Factors Favouring Disclosure
Disclosure would enhance the public’s knowledge about the capability of Gwent Police and the specific nature of the technology. There is a lot of contention over the use of particular types of vehicles as a system that is used to spy and monitor people’s activities.
Disclosure would aid the public’s understanding of how Gwent Police operates and for what direct purpose, stopping any incorrect rumours or falsehoods that may already exist.
Factors Favouring Non-Disclosure
The release of this information would compromise any on-going criminal investigations, or proceedings, which make use of the data produced by particular types of vehicle. In addition, the technology can be used in combating acts of terrorism but also in the prevention and detection of crime and in the reduction of death and injury on the roads. Therefore, if the details of particular vehicles were disclosed, their capability to prevent such activity would be compromised. Release of the information would mean that the role in the prevention and detection of crime would be compromised. The safety of the public is of paramount importance to the policing purpose, and an increase in crime would place the public at risk of harm.
Balancing Test
Disclosure of information that would have a serious negative impact on the security of the whole of the United Kingdom and would not be beneficial.
Weakening the mechanisms used to monitor any type of criminal activity, and specifically terrorist activity would place the security of the country in an increased level of danger.
Information disclosed under the Freedom of Information Act is made public when released and has an impact on all areas of the country, not just within the Gwent Police jurisdiction. Disclosure of particular vehicles used within this area would mean that any subsequent FOI request for other areas would be treated similarly. A series of disclosures for this information would mean that terrorists and criminals would be able to build up a picture of where such technology was deployed throughout the whole country. Disclosure of such information at a national level would encourage those with criminal intent to relocate and intensify their activities to areas that is less well covered as they would have a renewed level of confidence in evading detection.
Having considered all the factors at this moment in time it is our opinion that for these issues the balancing test for disclosure is not made out and the exemptions are engaged.
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 this information would divulge the forces’ tactical capability in respect of this area of policing which would cause operational harm to the Gwent 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 in which areas within the force resources are weak and use this knowledge to their own advantage in furthering criminal activity around the force.
This would or would be likely to prejudice the prevention or detection of crime and the apprehension or prosecution of offenders.
Public Interest Test:
Section 31 - Considerations favouring disclosure
Factors favouring the disclosure of this information would include better awareness may reduce crime or lead to more information from the public
Section 31 - Considerations favouring non-disclosure
However, 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 Gwent Police to conduct a balance test on the issues. The strongest arguments for release which is better awareness may reduce crime or lead to more information from the public need 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 better awareness may reduce crime or lead to more information from the public there is very strong public interest in safeguarding the protection of the public and the effective use of police resources.
Therefore, in all the circumstance of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.