FOI 12651

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 12651

I write in connection with your request for information which was received on 25^th September 2019. Please find below the response to your request:

Under freedom of information request can I request Warwickshire Police’s

1. policy and
2. guidelines on the Forces use of Taser. E.g. how an officer should use a Taser and what rules?

Reply:-

Firstly, I apologise for the delay in responding to your request. I can now confirm that your request has been considered in accordance with the FOIA and the Warwickshire Police and West Mercia Police response is set out below:

1. Warwickshire Police policies are published on the Warwickshire Police website and accessible at the link below.

https://www.warwickshire.police.uk/foi-ai/af/accessing-information/published-items/?q=taser

As the information requested is already published Exemption is applicable under Section 21 Information Reasonably Accessible by Other Means.                                                        

1. I can confirm that the information requested is held. However, Section 17 of the Freedom of Information Act 2000 requires Warwickshire 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 is applicable to the information requested.

Section 31(1)(a) Law Enforcement

Section 31 is a qualified and prejudice based exemption which requires me to evidence the harm that disclosure would cause, and requires consideration of a public interest test. These are outlined below:

Evidence of Harm

Disclosures under the Freedom of Information Act are disclosures to the world, not just to the individual making the request. The requested information has the very likely potential to prejudice the prevention or detection of and the  apprehension or prosecution of offenders by undermining the effectiveness of police tactics and empowering offenders with information which could enable them to successfully defeat such tactics and potentially avoid apprehension.  Disclosure of any information which is likely to have a real and adverse effect effectiveness of law enforcement cannot be said to be in the public interest  

Public interest test

Considerations favouring disclosure

There is public interest in the knowing what guidance is given to officers using tasers and the procedures they follow when operating tasers. Disclosure would contribute to the openness and transparency of the Force.

Considerations favouring non disclosure

In this case the information requested contains operational and tactical information. Disclosure of the detailed information requested would provide valuable information to those involved in criminal activities. Police Officers face threats on a daily basis, and sometimes find themselves in situations where use of taser is required to ensure the safety of the officer and the public.

Balancing Test

I am aware that there is public interest in the procedures and tactics used by the police. The ‘public interest’ is not however, what the public may find interesting, there must be some tangible benefit to the community in such disclosure.  Ultimately it must be something that serves the interests of the public.  In this case any interest the public may have is by far outweighed by the harm that is likely to be caused by disclosure.  Warwickshire Police will never release into the public domain information that could place an individual at risk of harm.

It is therefore my decision that the balance in this case favours disclosure.

In accordance with the Act, please treat this letter as the Refusal Notice I am required to provide to you in respect of the second element of your request.