January 16, 2025 | Organisational Information and Performance , Policies
Request: FOI/13487
Category: Policy and Procedures - Policies
Subject: Breach of Bail And DST in DCS
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. The decision has been taken not to supply the information you have requested and the reasons for this are set out in more detail below. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.
Request 1
What action PSNI are duty bound to action on breach of bail?
Clarification sought:
1. What do you understand by 'breach'?
2. Does your request relate to Court Bail (issued by the court) and Police Bail (through an ongoing investigation)?
Clarification received:
I would like to know if a person breaches court bail ,magistrates, crown or high court what action should police take in relation to breach of court order Northern Ireland
Answer 1
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
a. states that fact,
b. specifies the exemption in question and
c. states (if not otherwise apparent) why the exemption applies.
The exemption is listed below:
Section 21 - Information Reasonably Accessible by Other Means
Section 21
The PSNI Service Instruction for ‘Wanted Persons’ (Section 5 - ‘Breach of Bail’) outline the actions which must be complied with. This Service Instruction is published on the PSNI website and can be accessed through the following link:
https://www.psni.police.uk/about-us/our-policies-and-procedures/corporate-policy/service-instructions
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.
Advice and Guidance
How police respond in the case of a breach, of either a court order or a breach of court bail, would all depend on the circumstances of the breach and the condition breached. For example, someone leaves their home, to take their sick child to hospital, and is in breach of their curfew. Ambulance are at the scene and police witness the sick child and the parent going in the ambulance. The police may not respond at all.
There could be many hypothetical scenarios in which we take a different action, all depending on the circumstances, the offence, the conditions and breach.
Upon report, we would have an obligation to investigate, but the depth of that investigation and the response would depend on the circumstances. The service instruction linked above would cover generic circumstances where action is required.
Request 2
How many police officers are in the DST team in Derry City and Strabane District?
Answer 2
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
a. states that fact,
b. specifies the exemption in question and
c. states (if not otherwise apparent) why the exemption applies.
The exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 31(1) (a) (b) - Law Enforcement
Information would be likely to prejudice (a) the prevention or detection of crime (b) the apprehension or prosecution of offenders.
Section 38 (1)(b) – Health & Safety
Information is exempt information if its disclosure under this Act would, or would be likely to (b) endanger the safety of any individual.
Section 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.
Sections 31 and 38 are prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in releasing the requested information, as well as considering the public interest to ensure that withholding the information is the appropriate response.
Section 40 is a class-based exemption, therefore it is not necessary to evidence the harm caused by disclosure or carry out a public interest test.
Exemptions Explained
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must
consider whether release of the information would breach the General Data Protection Regulations
(‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.
The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.
In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. We consider those individuals would not have any reasonable expectation PSNI would disclose such information of this nature about them. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore
exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and
PSNI has made the decision to withhold that information.
The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.
Harm for Sections 31 and 38
The information refers to staffing levels of police and the release of this information is a sensitive area. Once information is disclosed by FOI there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general, not just to the individual requesting the information.
Disclosing details of numbers of officers within a unit attached to a specific district could identify personnel. Releasing these details into the public domain would allow criminals and anyone intent on disrupting police in their law enforcement role, both directly and indirectly impacting on the prevention and detection of crime. It is further confirmed by the current threat level in Northern Ireland which is currently SUBSTANTIAL. PSNI is aware of the mosaic and precedent effects of releasing information which may be of use to terrorists. A clear link exists between knowledge available to criminals and the way they operate, with the resultant impact on PSNI potentially giving a tactical advantage to criminals.
Public Interest Test
Factors Favouring Release – Section 31
Release of this information could give the public better access to Police departments and provide a clearer understanding of the organisational structure.
Factors Favouring Retention – Section 31
Disclosure of staff levels could compromise the PSNI’s law enforcement abilities. Disclosing information could leave officers vulnerable to attack by those criminal elements seeking to subvert police, compromising law enforcement tactics and hindering the prevention and detection of crime and apprehension or prosecution of offenders, impacting on police resources. This could potentially lead to more crime being committed and individuals being placed at risk.
Factors Favouring Release - Section 38
Disclosure of this information would promote openness and transparency.
Factors Favouring Retention - Section 38
Releasing information on staffing levels could place officers, police civilian staff and members of the public at risk, leaving them vulnerable to attack by criminals or terrorists. Public safety is of paramount importance to the PSNI and must always be considered so that the PSNI’s ability to fulfil its core function of law enforcement is protected. PSNI would not wish to endanger the health and safety of any individual.
Decision
The release of information under FOI is a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI, there is no control or limits as to how the information is shared with other individuals therefore a disclosure under FOI is considered a release to the world in general.
While there may be a public interest in releasing the information requested, the PSNI must ensure that its law enforcement capability is not adversely affected by the release of staffing levels. However the PSNI will not release details that may hinder the detection or prevention of crime through the release of information which may be of assistance to criminals. Whilst the PSNI would always wish to be transparent and accountable, there is a very strong interest in protecting police officers and safeguarding police methodology.
As the current threat level in Northern Ireland remains at SUBSTANTIAL, it is vital that the disclosure of information held by PSNI does not endanger the safety of officers or impact on the effective delivery of operational law enforcement activity.
The release of staffing levels details into the public domain has the potential to assist terrorists and those criminal elements seeking to carry out attacks against persons who are employed by PSNI. The lives and safety of police personnel and members of the public are of paramount importance and the PSNI will not divulge any information which could put any individual at risk. However, police need to make balanced judgements which justify why some information needs to remain exempt and unpublished. I have therefore determined that the release of this information into the public domain would not be in the public interest.