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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 404-2024
I write in connection with your request for information which was received on 10th April 2024 as follows:
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience that this may have caused you. Please find the Warwickshire Police response set out below.
Q1 response: With regard to overt vehicles, I can advise that Warwickshire Police currently have one Tesla, model Y, which was purchased in 2023.
In addition, Warwickshire Police can neither confirm nor deny that any further information is held in relation to vehicles used in a covert capacity by virtue of the following exemption:
Section 31(3) Law Enforcement
Section 31 is a prejudice based qualified exemption and as such there is a requirement to articulate the harm and conduct a test of the public interest in confirmation or denial.
Harm in complying with Section 1(1)(a) – to confirm whether any other information is or is not held
To confirm or deny that any information is regarding covert vehicles in relation to this request would reveal whether or not Warwickshire Police use Tesla vehicles in covert roles. Such awareness would reveal tactical capability and is likely to influence those in the criminal fraternity to take additional measures in order to avoid detection and capture. In addition, by knowing whether or not these vehicles are used may also put the general public at risk of harm if criminals, who might otherwise be engaged in criminal activities, target specific makes and models of vehicles they believe are being used by the police or law enforcement partners. Therefore, confirming or denying that any other information is held, could provide a tactical advantage to offenders which would negatively impact upon the safety of the public and officers, and undermine the policing purpose.
Section 31 - Factors favouring confirming or denying that any other information is held
The public have an interest in knowing how public funds are being utilised. Confirming or denying whether any other information is held may add value to the accuracy of public debate with regards to resources allocated for the prevention and detection of crime.
Section 31 - Factors against confirming or denying that any other information is held
Confirming or denying that any other information is held in relation to vehicles used in a covert capacity could lead to the compromise of law enforcement. It would assist those intent on criminal activity to identify vehicles used by Warwickshire Police and, in turn, could lead to the targeting of specific vehicles.
Confirming or denying any further information is held could allow those involved in criminal activity to adjust their behaviour to evade detection which would compromise the tactical effectiveness of using such vehicles.
Balance Test
For a public interest test, issues that favour disclosure need to be measured against issues that favour non-disclosure. Whilst the value of accountability and the right for the public to know how funds are spent is recognised, there is no further tangible benefit to the public interest. In contrast, to confirm whether or not the force hold any other information in relation to covert vehicles, would not only affect the forces ability to prevent and detect crime or apprehend offenders, but it would also impact upon its core responsibility of protecting the community it serves, and its officers.
It is therefore our opinion that, for these reasons, the balance test for confirming or denying whether any additional information is held is not made out.
No inference can be taken from this refusal that any further information does or does not exist.
Q2 response: The purchase price was £53742.00, no modifications.
Q3 response: No recorded information held.
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