In accordance with section 1 (1) (b) of the Act our response is
provided below;
I have now considered your request and I am not obliged to
provide the majority of the information requested.
Refusal Notice
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.
Exemptions
The information you have requested is exempt information in
accordance with
- Section 30 (1) (a) (b) (c) Investigations and Proceedings
Conducted by Public Authorities.
- Section 40 (2) Personal Data
- Section 40 is a class based absolute exemption therefore there
is no requirement to consider the harm or public interest test
- Section 30 is a class based qualified exemption which means
that a public interest test is required.
Public Interest Test
Factors favouring disclosure for S30
As honour-based crime is high profile and national, disclosure
of the data requested on honour-based crimes would give the public
the satisfaction of knowing that these types of crimes are
investigated properly, and that the use of public funds is being
spent wisely.
Factors against disclosure for S30
Disclosure of the data requested on honour-based crimes would
prejudice an investigation and the right to a fair trial would be
undermined. The prevention and detection of crime would therefore
be hindered and this would affect future law enforcement
capabilities. If those intent on committing honour-based crimes
were aware that they were being investigated, they could destroy
evidence or take their operations underground. This is especially
so when the data is broken down to low levels, as the lack of data,
for example some months where there are no offences recorded,
reveals to offenders that we are unaware of their activities,
enabling them to continue their actions. Another effect of low
level data is the fact that victims would be less likely to reveal
their involvement in honour-based crime in the future, as they
would feel that confidential information had been breached, despite
assurances from the police that cases will be kept
confidential.
Balance test
The Police service is tasked with protecting the community and
solving crime and they would not disclose information if it would
jeopardise those important roles. By disclosing the requested
information in this case would mean that criminal investigations
would be less effective and the small benefit in increased public
awareness would not be adequate compensation for such an impact on
society. Although honour-based crime is an extremely sensitive area
which the public is entitled to be kept informed about, this does
not outweigh the forces obligations to the public, in the
prevention and detection of crime. It is therefore our opinion that
the balance lies in favour of non-disclosure of the data requested
on honour-based crimes.
The victims must be the centre of our thoughts in these cases,
and we would not want to disclose any information which places them
at risk or adds to the current stress of their situations.
The Cheshire Constabulary can disclose that since 2008 12
investigations have been or are being undertaken into 'honour
based' incidents/reports.