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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 289-2023
I write in connection with your request for information which was received on 15th March 2023 as follows:
Q1. Are any police officers currently employed, have or have had a criminal conviction?
Q2. Have any police officers been investigated for inappropriate behaviour towards the public or colleagues?
Q3. Are the police when on duty allowed to accept free hospitality, in the form of meals or coffee from garages, service areas or cafe’s?
Q4. How many members of the public have been stopped and searched under Section 43, of the Terrorism Act in 2022?
Q5. How many people were charged with terrorism offences, following their detainment under the act, in 2022?
Q6. Are any police officers currently suspended, for inappropriate or criminal behaviour?
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused. Please find the Warwickshire Police response set out below.
Q1 response: Yes
Q2 response: Yes
Q3 response: Please see extract from section 5 of the Gifts, Gratuities and Hospitality Policy below:
5.5 Hospitality may be accepted if it:
5.6 Hospitality may also be accepted if it:
5.7 Hospitality will not be acceptable if it:
Q4 & Q5 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 Warwickshire Police holds the requested information; however, it is being withheld from disclosure.
When refusing to provide information (because the information is exempt), Section 17 of the Freedom of Information Act 2000, requires Warwickshire Police to issue 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 exemptions applicable in this case are:
Section 24(1) National Security
Section 31(1)(a)(b) Law Enforcement
Sections 24 and 31 being prejudice based qualified exemptions, both evidence of harm and public interest considerations need to be articulated to the applicant.
Evidence of Harm
The threat from terrorism cannot be ignored. It should be recognised that the international security landscape is increasingly complex and unpredictable, and the UK faces a sustained threat from violent terrorists and extremists. Since 2006, the UK Government has published the threat level, based upon current intelligence, and that threat is currently categorised as ‘substantial’, see below link:
https://www.mi5.gov.uk/threat-levels
Although purely statistical data, disclosing the requested information relating to the Terrorism Act, would be extremely useful to those intent on causing harm, including terrorist organisations. It would reveal investigative activity, which could ultimately undermine ongoing investigations, and could lead to police officers having to be removed from their frontline duties in order to increase manpower on an ongoing investigation. It would also enable the same individuals to identify force areas which may be ‘safer’ to carry out their offending. Furthermore, it has the potential to undermine the flow of information (intelligence), received from members of the public into the Police Service, relating to these types of activities, thereby undermining National Security and leaving the United Kingdom at risk of more terrorist attacks.
Section 24 factors favouring disclosure of information
Disclosure would enable the public to have some reassurance that the Government’s Counter Terrorism strategy is robust. This is an issue high on the public agenda, and therefore the release of this information would contribute to an informed public debate.
Section 24 factors against disclosure of information
Information around Warwickshire Police activities in relation to the Terrorism Act would be of significant intelligence value to those intent on carrying out criminal activity, including terrorist organisations. The cumulative effect of terrorists gathering information from various sources would be even more impactive when linked to other information gathered from various sources about terrorism. The more information disclosed over time the more detailed an account of the tactical infrastructure of not only a force area but also the country, would be gained.
To what extent the requested information may aid a terrorist is unknown, but it is clear that it will have an impact on a force’s ability to monitor terrorist activity. The public entrust the Police Service to make appropriate decisions with regard to their safety and protection, and one way of reducing risk is to be cautious with what is placed into the public domain. Ultimately, any incident that results from such a disclosure would, by default, affect National Security.
Section 31 factors favouring disclosure of information
There is a public interest in the release of this information because it offers reassurance that the police are prepared to deal with the threat of terrorism proactively. Disclosure could also lead to a better-informed public and may encourage individuals to provide vital intelligence to the police around this activity.
Section 31 factors against disclosure of information
Warwickshire Police have a duty of care to protect the public and the communities it serves. If an FOI disclosure revealed information to the world that would undermine the security of the national infrastructure, those intent on causing harm, including terrorist organisations, could use this to their advantage, which would compromise public safety, and more worryingly encourage offenders to carry out further crimes.
Balancing Test
The security of the country is of paramount importance, and Warwickshire Police will not divulge information if to do so would compromise effective law enforcement, place the safety of the public or communities at risk or undermine National Security.
Whilst there is a public interest in the transparency of policing, and in this case providing assurance that the police service is appropriately and effectively engaging with the threat posed by terrorists, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive area of terrorism.
Weakening the mechanisms used to monitor any type of criminal activity, and specifically terrorist activity, would place the security of the country at an increased level of danger. In addition, anything that places that confidence at risk, no matter how generic, would undermine any trust or confidence individuals have in the Police Service.
Therefore, at this moment in time, it is our opinion that, for these reasons, the balance test for disclosure is not made out, and this represents a refusal notice for information in relation to these elements of your request.
Q6 response: Yes
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB