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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-160-2024
I write in connection with your request for information which was received on 6th February 2024 and clarification received on 5th March 2024 as follows:
(By novel synthetic opioids, I mean opioids such as nitazenes and fentanyls, but not synthetic opioids such as e.g. tramadol or methadone).
In the years to March, 2019; 2020; 2021; 2022; 2023; and so far in 2024:
(i) If possible - please specify the 'main' substance seized (e.g. heroin adulterated with Etonitazene)
(ii) If possible - please specify the quantity seized in each incident.
(iii) If possible - please specify where these seizures took place.
In the years to March, 2019; 2020; 2021; 2022; 2023; and so far in 2024:
(i) If possible - please specify the 'main' substance seized and what form it was in (e.g. heroin adulterated with Carfentanil, or fake Oxydone pill adulterated with Carfentanil)
(ii) If possible - please specify the quantity seized in each incident.
(iii) If possible - please specify where these seizures took place.
On 5th March you provided the following information:
For example, if a person is arrested for drug possession and seized the drugs in their possession, would the force test the substance seized for novel synthetic opioids?
Here are the nitazenes I am hoping to gather information on:
For other synthetic opioids, I would like to know about:
Please find the Warwickshire Police response set out below.
Response: Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held.
Warwickshire Police can neither confirm nor deny that it holds any information as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:
s23(5) Information Supplied by, or concerning, certain Security Bodies
s30(3) Investigations and Proceedings Conducted by Public Authorities
s31(3) Law Enforcement
Section 23(5) is an absolute exemption and as such no public interest test is required.
Section 31(3) is a qualified, class based exemption and as such there is a requirement to evidence harm and complete a test of the public interest in confirmation or denial.
Section 30(3) is a qualified, class based exemption and as such there is no requirement to evidence harm however a test of public interest is required.
Evidence of Harm
The confirmation or denial that information is held relating to synthetic opioids such as Nitazenes and Fentanyls and Fentanyl analogues (such as Carfentanyl) would identify whether or not Warwickshire Police has seen local level activity regarding its use and by association, it’s distribution.
The effects of Nitazenes and Fentanyl and its analogues as recreational drugs are highly publicised and they are all extremely potent and very dangerous drugs. To confirm or deny that Warwickshire Police has had seizures of any of these drugs would reveal information which could be used to build a picture as to where national and local investigations and operations are taking place in relation to distribution of these drugs.
To confirm or deny that information is held would enable a mosaic picture to be realised as to which areas are affected and which areas are not. This will help those distributing the drug to identify vulnerable areas. Furthermore, if distribution is taking place in areas where a force confirms it has not made any seizures of these drugs, would suggest that the police are not aware of any local dealings. Those supplying Fentanyl or its analogues, will therefore be able to deduce that they are not known to the local police force.
The distribution of drugs is not usually completed in isolation and more often than not, forms part of a wider organised crime network, which usually involve other serious crimes. Confirming or denying that information is held by Warwickshire Police would undermine any local level operations or national operations which may be taking place to target the serious organised distribution and use of Nitazenes, Fentanyl or substances containing Fentanyl.
Section 30 - Factors favouring confirming or denying that information is held
To confirm or deny that information is held would enable the local community to understand whether any investigations have or are taking place surrounding this particular drug. This would lead to an increase in understanding. It would also enable the public to understand whether resources are being allocated to combat the distribution of the drug locally.
Section 30 - Factors against confirming or denying that information is held
To confirm or deny that information is held would identify which force areas have located Nitazenes or Fentanyl locally and those which have not. Nitazenes and Fentanyl are highly potent drugs and being able to map where they can be found, and by extension distributed across the country would undermine the police service’s ability to appropriately investigate crimes associated with its use and distribution. The confirmation or denial that information is held would undermine local and national level operations which may be taking place and would mean that those distributing the drug will avoid prosecution, which would have a negative impact on local communities.
Section 31 - Factors favouring confirming or denying that information is held
The confirmation or denial that information is held would lead to a greater informed public both nationally and locally. Dependant on whether information is held, would identify whether there is a local/national issue with Nitazenes and Fentanyl and how extensive that may or may not be. People can take steps to safeguard themselves from exposure to this drug, if they know that it has been located locally.
Section 31 - Factors against confirming or denying that information is held
To confirm or deny that information is held, would undermine any local or national level operations that may be or will be taking place in the future to combat this crime. Nitazenes and Fentanyl are highly potent drugs and it is of paramount importance that the police service can investigate and disrupt the distribution of it throughout the country so that its severe impacts are not felt within our communities. To confirm or deny whether Warwickshire Police has seized Nitazenes and Fentanyl, or substances containing Fentanyl, would not only affect local level policing decisions but could also have an impact nationally. This would mean that information is provided to those involved in its distribution and ultimately could mean that organised crime groups may adapt and change tact that would mean that the police service is placed at a disadvantage.
Balance Test
There is a public interest in knowing whether Warwickshire Police has seized Nitazenes or Fentanyl, as communities will be more aware and take steps to protect themselves. However, Warwickshire Police would not want to undermine any local or national operations which may be taking place to combat the distribution of this drug. To confirm or deny that this information is held locally would not only provide local information that would undermine any local operations, if ongoing, but also any national ones which may take place. The information would directly relate to intelligence and being able to map this across the country would be of use to criminal groups distributing this drug as it would give a picture as to which forces are aware whether it has Nitazenes or Fentanyl being distributed in its area.
On weighing up the competing interests, Warwickshire Police finds that the public interest favours neither confirming nor denying whether any information is held.
No inference can be taken from this response that information does or does not exist.
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