In accordance with section 1(1) (b) of the Act our response is
provided below;
Question 1
We have now considered your request for information in question
1 and we are not obliged to supply the information requested.
Section 17 of the Freedom of Information Act 2000 requires
Cheshire Constabulary, when refusing to provide such information
(because the information is exempt) to provide you 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.
Reasons for the decision
This information is exempt by virtue of the following
sections:
Section 30 (1) (a) (b) & (c) and (2) (a) (i) & (ii)
Investigations,
Section 31 (1)(a) (b) (c) Law Enforcement and
S 38 (1) Health and Safety
Harm Test
Any information which is likely to lead to the identification or
location of a person or persons in witness protection schemes will
obviously place those people in grave danger. The impacts of
providing intelligence which aids in the location or identity of
those persons could include the diverting of additional police
resources, the costs of having to potentially relocate people, and
an undermining of the culture of mutual trust and security which
underpins the witness protection schemes. Also, there will
inevitably be a link between the persons on any scheme and an
investigation. All these factors will in turn be likely to have a
negative effect on the community, be it in the diversion of
resources from other areas, the collapse of ongoing cases or
appeals and an increase in crime as people are unwilling to come
forward as witnesses fearing the police will not be able to protect
them.
Publication of this information would compromise our duty of
care and possibly place members of the public at risk of serious
harm through their identities being made known or made liable to
public disclosure.
These exemptions are subject to a public interest test as
follows.
Favouring disclosure
Accountability
Information relating to witness protection will show that the
force is taking its responsibility in the area seriously, ensuring
that an efficient and effective service is delivered.
Public Debate
The release of information on this subject would contribute to
the quality and accuracy of public debate on the subject.
Accountability for Public Funds
There is a cost to the public purse of placing persons in a
protection scheme. Information in relation to this would contribute
towards justification of the use of these monies.
Against Disclosure
Criminal Investigations
Most people are on a scheme as a result of being involved in an
investigation at some point. The release of information relating to
investigations is only provided when it fulfils one of the core
policing functions. In this case it would not do so.
Flow of Information to the Service
The police service has a duty to protect and defend vulnerable
persons. People willing to give information or evidence which
places them, and or their families in grave danger do so on the
understanding that the protection will be provided in an
environment of absolute confidentiality. Any disclosure which
undermines this trust and confidence means it is likely that people
will be less willing to come forward and provide information to the
police which will impact on our ability to detect and prevent
crime.
Public Safety
Disclosure of this information can not only lead to individuals
being targeted and caused physical harm but also other members of
the public in the vicinity, or police officers trying to protect
people. Also, information that causes speculation has in the past
caused innocent people to be targeted following rumour and
speculation.
Current Investigations
In some cases witnesses are being protected due to ongoing
investigations. Information which could be used to undermine
prosecutions or aid offenders is not in the public interest.
On balance it is our view that in all the circumstances of the
case, the public interest in maintaining the exemption outweighs
the public interest in disclosing the information.
Question 2
- April 2008 - March 2009 £ 10,482.47
- April 2007 - March 2008 £ 23,456.25
- April 2006 - March 2007 £ 35,398.85
- April 2005 - March 2006 £ 34,201.42
Please note: Our response is unique to Cheshire
Constabulary and should not be used as a comparison with other
forces.