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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 959-2023
I write in connection with your request for information which was received on 16th October 2023 as follows:
The police commissioner has a protocol (2023) with the warwickshire hunt. i wd like to see a copy of this document
Please find the Warwickshire Police response set out below.
Please be advised that ‘Police Commissioner’ has been interpreted as Chief Constable.
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.
When refusing to provide such information, because the information is exempt, Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police to provide you the applicant, with a notice which:
(a) States that fact
(b) Specifies the exemption(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s) applies.
I can confirm that Warwickshire Police do hold the requested information; however, it is being withheld from disclosure by virtue of the following exemption:
Section 32 – Court records
Specifically, Section 32(1)(b) - Information held by a public authority is exempt information if it is held only by virtue of being contained in any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter.
Section 32 is an absolute class-based exemption, therefore there is no requirement to provide evidence of harm or consider the public interest test.
In this case, the exemption is engaged as the details of the protocol exist only by virtue of being created to resolve litigation proceedings of which Warwickshire Police were a party.
This letter serves as a refusal notice under Section 17 of the Freedom of Information Act, in relation to this request.
You can find out more about Section 32 from the College of Policing Authorised Professional Practice website, including an extract from the Act and ICO guidance. Please find the link below:
Freedom of information | College of Policing
Outside the Act, and as a gesture of goodwill, I can advise that Warwickshire Police have published a statement regarding the protocol, which can be viewed at the below link:
Addressing road safety concerns linked to hunt activity | Warwickshire Police
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