a) A copy of the original NIP, including name and
address of registered keeper to who it was issued and the date of
issue.
b) A copy of the evidence that the NIP was placed in
an envelope addressed to the registered keeper at his place of
residence; and
c) A copy of the evidence that the NIP was dispatched by post as
described above. Please note that the record showing the date the
NIP was posted MUST have been completed at the time, not
retrospectively (as has previously been the practice of Hants
SRP).
In accordance with section 1(1) (b) of the Act our
response is provided below;
a) This has already been provided to you by our
Central Ticket Office on 11th May 2010 and therefore not included
in this request.
In respect of b) We do not hold that information in
the specific form of your request, i.e. was placed in an envelope
addressed to the registered keeper
c) I can confirm that the Cheshire Constabulary does
the information requested. However having considered your request I
am not obliged to supply the information.
Section 17 of the Freedom of Information Act 2000
requires the 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.
The information is exempt by virtue of
Section 30 (1) (a) (b) & (c) Investigations and
Proceedings Conducted by Public Authorities
Section 40 (2) Personal Data
Section 30
The information is contained within a statement of
evidence provided by an officer of the Constabulary. This and other
documents are prepared for production to the Courts. Copies of the
documents that the Crown Prosecution Service is relying on to
conduct its case is supplied to a defendant under the Criminal
Procedure and Investigations Act 1996
This is clearly information that is captured by the
above exemption and the only question we need to consider is
whether or not disclosure under FOI would be in the public
interest.
The factors which would favour disclosure are the
general considerations for promoting transparency, accountability
and participation. Disclosure may enhance the quality of any
discussion or decision making.
Set against are the prejudice that would be caused to
the investigatory and prosecution process of the Authority. The
right of access should not undermine the investigation and
prosecution of criminal matters.
It is also not in the public interest to undermine the
prosecution process and the role of the criminal courts as the
bodies responsible for determining guilt. Where it is quit clear
that disclosure could prejudice the right to a fair trial, it would
not be in the public interest to release the information.
On balance and in all the circumstances of the case,
the public interest in maintaining the exemption outweighs the
public interest in disclosing the information.
Section 40(2)
The statement of evidence in its entirety is the
personal data of the person making it and as such to disclose that
information to the public at large would be a breach of the
principles of the Data Protection Act 1998, namely principle one
the fair and lawful processing of personal data. This is an
absolute exemption.