Firearm Gang Attacks

1. The number of homes at which firearms have been discharged in suspected gang attacks within the past three years 2007/08, 2008/09, 2009/10 and to date this year.
2. The number of cases where firearms gang attacks on homes has resulted in an individual or family being re-housed within the past three years 2007/08, 2008/09, 2009/10 and to date this year. 

In accordance with section 1 (1) (a) of the Act our response is provided below;

Question 1

There is no information held.

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. Where exemptions are replied upon section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) state (if that would not otherwise be apparent) why the exemption applies.

Question 2

The Cheshire Constabulary can neither confirm nor deny that it holds the information relevant to your question 2 as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:

• Section 31(3) Law Enforcement
• Section 38(2) Health & Safety

Any information which could lead to the location of an individual or family that may or may not be in police protection schemes will obviously place those people in grave danger. To confirm that Cheshire Constabulary re-houses people who are the victims of gang attacks may be all the intelligence required to aid seeking out people and their families. 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.

Factors favouring confirming or denying that information is held for Section 30

Confirmation or denial that any information exists in relation to the number of firearm gang attacks resulting in re-homing of victims could enlighten members of the public as to the resources required for such an operation. This may go some way to promoting awareness and accountability where expenditure of public funds is concerned, and could lead them to challenging whether the expenditure is value for money in the circumstances.

Release of this information would assist in any public debate on the Police Service care of victims. Such debate at the moment will be based on a lack of information provision and could be subject to inaccurate rumour and speculation.

Factors against confirming or denying that information is held for Section 30

Many investigations rely on the use of information from victims and witnesses. Those charged with managing the processes and the welfare of the individuals concerned make a solemn promise that they will do all they can to protect the well being of the persons involved. Confirmation or denial that any information were held in this case would suggest to victims that the solemn promise given to them to not place them at risk is not a cast iron guarantee as we can be forced to make disclosures under FOI. This would result in the withdrawal of co-operation from current investigations and a reluctance to assist in the future.

Any reduction in the amount of information received by the police will have an adverse effect on the way that we conduct investigations. This is primarily based on the national intelligence model and any disruption to that process will make it less effective.

A witness can provide the information solely on grounds that it is completely confidential. Disclosure, of any kind, could have an adverse affect on the health and well being of an individual or family.

Release of this information may adversely affect public safety if the criminal fraternity are provided with a tactical advantage over the Police. As outlined previously, this information, linked with a related subject matter, begins to assist those with illegal intent.

Victims of crime are assured absolute trust and confidence. Anything which undermines this ethos would have a detrimental effect, reducing the quality of information the service receives.

It is therefore our opinion that the balance lies in favour of neither confirming nor denying that the information exists.