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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 793-2024
I write in connection with your request for information which was received on 5th September 2024 as follows:
Please find the Warwickshire Police response set out below.
Response: Please be advised that not all of the requested information is held.
During 2023, in the event that an officer stopped a vehicle at the roadside and a drug wipe test was conducted which produced a negative result, then no action would be taken and this would not be recorded. Therefore, information for the total number of tests carried out in 2023 is not held.
If a drug wipe test produced a positive result then this would give the officer the power to arrest and then obtain an evidential sample. Therefore it would be possible to determine the number of positive drug wipe tests carried out as this would be the same as the number of arrests for the offence of driving excess drugs. However, there are two offences which would be relevant here, the first is ‘Driving – Excess Drugs’ of which there were 119 during the period, and the second is ‘Driving - Unfit Through Drink/Drugs’ / ‘Driving - In Charge - Unfit Through Drink/Drugs’. In the latter case it is not possible to determine whether the arrest is related to drink or drugs without reviewing each and every record on an individual basis. During the period of 2023 there were 232 arrests recorded for this offence. In order to determine which of those were in relation to drugs (and thereby, by proxy, the number of drug wipe tests carried out which produced a positive result) it would be necessary to review each and every offence on an individual basis. The business area has provided an estimate of 5 minutes per record, which would equate to in excess of 19 hours of work. Therefore, the searches required are above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this request and, if one part of a request exceeds the fees limit, then S12 of the Act applies to the whole request.
In accordance with Section 16 of the Act I have a duty to provide advice and assistance in refining your request where possible; however, due to the amount of records that would need to be reviewed, I am unable to suggest a way to reduce this element of your request into one which could be provided within the fees limit.
However, I can advise that it may be possible to provide information in relation to the number of drug wipe tests carried out in 2023 specifically in relation to the scene of an RTC, broken down by positive and negative result.
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