In accordance with section 1 (1) (b) of the Act our response is
provided below;
Firstly, for your reference some information regarding the crime
above is already in the public domain, to assist you with your
enquiries please search google for
"Cinnamon Brow Robbery".
Your request for further information has now been considered and
I am not obliged to supply the information you have 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 Decision
This information is exempt by virtue of the following
sections:
Section 40 (2) (a) Personal Data - Absolute Exemption
Any information to which a request for information relates is
also exempt information if -
(a) it constitutes personal data which does not fall within
subsection (1) (your own personal data), and
(b) either the first or the second condition below is satisfied
(3) The first condition is:-
(a) in a case where the information falls within any of paragraphs
(a) to (d) of the definition of "data" in section 1(1) of the Data
Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would
contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to
cause damage or distress), and
(b) in any other case, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene
any of the data protection principles if the exemptions in section
33A(1) of the Data Protection Act 1998 (which relates to manual
data held by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of
Part IV of the Data Protection Act 1998 the information is exempt
from section 7(1)(c) of that Act (data subject's right of access to
personal data).
Section 38 (1) (a) & (b) Health & Safety
Section 31 (1) (a) (b) (c) Law Enforcement
Qualified Exemption which requires Evidence of Harm and a Public
Interest Test
The application of these exemptions we feel are necessary to
ensure that we do not jeopardise the prevention and detection of
crime, or the administration of justice (S31). Also we feel that
the information you have requested is personal data of a third
party and to release personal data would breach the principles of
the Data Protection Act 1998 and would be unlawful (S40).
Harm
The Freedom of Information Act makes it a legal requirement that
a public authority has to provide information, unless it is exempt.
In this case there is one qualified exemption and one absolute
exemption being applied to this request. If this information were
to be disclosed it would undoubtedly contravene a basic human right
of the "Right to a fair trial" which is covered by the Human Rights
Act 1998. Also it could set precedence which could result in all
previous and future internal investigations being disclosed if the
same principals were to be applied.
The release of information would not provide a tangible
community benefit. Releasing such information raises concerns that
individuals with relevant evidence may be reluctant to cooperate
with the police. To release this information before the
investigation has been completed and the person has been processed
through the Criminal Justice System could jeopardise the Health
& Safety of any witnesses and any other participants. It could
also just as importantly release into the public the details of the
actual investigation before that information has been scrutinised
by the CPS, therefore running the very real risk that undue
pressure being brought to bear on the decision making process and
before the evidence is properly subject to scrutiny by the
courts.
Public Interest Test
Considerations Favouring Disclosure
Accountability
When information disclosed relates directly to the efficiency
and effectiveness of the force or its officers it is generally of
benefit to the community.
In this case, the release of information will enable the public
to have exposure of the quality of the police investigation, as
regards thoroughness, vigilance and transparency. There is also a
public interest in releasing information that demonstrates the use
of police resources.
Public participation
Disclosure could benefit the police service by encouraging
public participation and the input of the public at large.
Considerations Favouring Non-disclosure
Investigations
It is the Association of Chief Police Officers' approach that
information relating to an investigation will rarely be disclosed
under the provisions of the Freedom of Information Act. Whilst such
information maybe released in order to serve a "core policing
purpose" - to prevent or detect crime or to protect life or
property - it will only be disclosed following a Freedom of
Information request if there is a strong public interest
consideration favouring disclosure.
Public Safety
There may be occasions where the release of information relating
to public safety may not be in the public interest. Public safety
is of paramount importance to the policing purpose and must be
considered in respect of every release. Any action that detracts
from the efficient and effective conduct of the police service and
its' investigations will have a 'knock on' and negative effect upon
public safety. Individuals may remain at large if investigations
are undermined or thwarted by inappropriate disclosures of
investigation details.
Human Rights and fair treatment of an
individual
The public interest will not be served if disclosure breaches
the obligations placed on an authority under the European
Convention on Human Rights, particularly the right to life, fair
trial and privacy. This principle applies to a wide range of
individuals, from the offender themselves, to their families, the
victims, and those non offenders, who might suffer intimidation or
assault because of the information disclosed.
Balancing Test
When balancing the public interest test we have to consider
whether the information should be released into the public domain.
Arguments need to be weighed against each other. The most
persuasive reason for disclosure is Accountability which needs to
be compared to the strongest negative reason which in this case is
Investigations. The police service cannot and will not disclose
information which may jeopardise an investigation. The Information
released under FOI Act, where exemptions apply, will only be done
where there is a tangible community benefit which is more powerful
than the harm that could be done. This does not apply in this
case.
On balance, and from the harm evidenced above, and Section 40
(Absolute Exemption) the information requested should be protected
and the exemptions applied.