Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
As you may be aware the purpose of the Act is to allow a general right of access to information held at the time of a request, by a Public Authority (including the Police), subject to certain limitations and exemptions.
You asked:
1. The number of illegal drug seizures made by the force after substances were detected in packages or letters in transit through the Royal Mail (Royal Mail Group Limited) postal system over the following periods:
1 January 2019 - 31 December 2019
1 January 2020 - 31 December 2020
1 January 2021 - 31 January 2021 (or until the most recent date logged)
2. The number of illegal drug seizures made by the force after substances were detected in packages or letters in transit through all postal services in the UK over the following periods:
1 January 2019 - 31 December 2019
1 January 2020 - 31 December 2020
1 January 2021 - 31 January 2021 (or until the most recent date logged)
3. A summary of the type of drug, total number of seizures of each drug and total quantity of each drug seized by the force after substances were detected in packages or letters in transit through all postal services in the UK over the following periods:
1 January 2019 - 31 December 2019
1 January 2020 - 31 December 2020
1 January 2021 - 31 January 2021 (or until the most recent date logged)
You then supplied us with the following correction:
Can the time periods for each question be revised to:
1 January 2019 - 31 December 2019
1 January 2020 - 31 December 2020
1 January 2021 - 31 DECEMBER 2021 (or until the most recent date logged)
The previous request stated '31 January 2021' in error.
In Response:
Following receipt of your request, searches were conducted with the Performance Review Department of Northumbria Police. I can neither confirm or deny that the information you have requested is held by Northumbria Police, and we rely on the following exemptions.
Law Enforcement - Section 31(3)
Investigations – Section 30 (3)
The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).
Evidence of Harm:
Northumbria Police is charged with enforcing the law, detecting and preventing crime, and protecting the communities we serve. Confirmation or denial that the requested information is held would impact on the effectiveness of police investigations by identifying where seizures of illegal drugs were more or less likely to occur. This would in turn undermine the role of the police in the prevention and detection of crime and apprehension of offender ie Law Enforcement.
Public Interest Test – S31(3) Law Enforcement:
Factors favouring confirming or denying information is held:
Confirming or denying information is held in respect of how may seizures have taken place and further details of any such interception would improve the public’s confidence in the work of the police to apprehend offenders and reassure them that procedures to tackle crime were robust and effective.
Factors favouring not confirming or denying information is held:
Police forces must be able to effectively carry out investigations to prevent and detect crime unhindered. Northumbria Police need to be allowed to investigate crime effectively and ensure that offenders are brought to justice. To confirm or deny information is held would compromise law enforcement tactics in a specific area of policing which includes elements of organised criminality, which would hinder the UK Police service's ability to prevent and detect criminality. Confirmation or denial that information was held could also be used in conjunction with other publicly available information to reveal a pattern of investigations, providing criminals or those with a criminal intent with the knowledge of where and how they were more likely to evade detection when moving drugs into the UK via the mail, increasing the risk of crime in these areas.
Public Interest Test - Section 30(3) Investigations
Factors favouring confirming or denying information is held:
Disclosing any information relating to investigations would provide a greater transparency in the investigating process and the actions of a public authority. It is clear that there is a public interest in police forces operating in as transparent a manner as possible, as this should ensure they operate effectively and efficiently.
Factors favouring not confirming or denying information is held:
There is an inherently strong public interest in public authorities carrying out investigations to prevent and detect crime. This ensures that offenders are brought to justice to safeguard public funds and resources. To allow the effectiveness of investigations to be reduced, by revealing any detail of the operations and highlighting where investigations may or may not have taken place is not in the public interest. Northumbria Police need to be allowed to carry out investigations effectively away from public scrutiny to ensure accurate, thorough and objective investigations to be carried out.
Balancing Test
The security of the country is of paramount importance and the Police service will not divulge information if to do so would undermine law enforcement and therefore compromise the work of the Police Service. Whilst there is a public interest in the transparency of policing and investigations, there is a very strong public interest in safeguarding the integrity of law enforcement methods.
The strongest reason to confirm or deny information is held, is that it is recognised that there is a genuine public interest in information relating to any investigations conducted by Northumbria Police. The strongest reasons against confirmation or denial that information is held, is to ensure that policing and security measures are not rendered less effective through disclosure, therefore hindering the effective delivery of operational law enforcement, which would then impact on the ability of the force to protect the public.
Therefore, for these issues the balancing test for disclosing information is not made out.
