CAPES

Request Number: FOI/14873

Category: Policy and Procedures - Policies

Subject: CAPES

Request and Answer:
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
Under the Freedom of Information Act (Northern Ireland) 1998, I hereby request a copy of the current Corporate Appearance and Protective Equipment Standard (CAPES) appendix that lists all holster makes/models approved for carrying a PSNI-issue Glock 17 (on- and off-duty).

Answer
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 which is not exempt information by virtue of Section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice (a) the prevention or detection of crime (b) the apprehension or prosecution of offenders

Section 38(1)(a)(b) - Health And Safety: Information is exempt information if its disclosure under this Act would, or would be likely to: (a) endanger the physical or mental health of any individual, or (b) endanger the safety of any individual.

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.

Section 31
Section 31 is prejudice based qualified exemption 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 38
Section 38 is a qualified prejudice based exemption and evidence of harm together with a public interest test must be made.

Exemptions Explained

Harm for Section 31 and 38
The release of information under Freedom of Information (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 who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.

Release of the requested information could compromise police officers safety by placing into the public domain the type holsters we use which could allow the identification of features and mechanisms of the holsters. This could lead to reduced effectiveness of operational policing as those intent on attacking the police will have more informed knowledge.

Factors Favouring Disclosure Section 31
Release of all information sought would provide transparency in the way PSNI carry out their day-to-day delivery of operational law enforcement. The public have a right to expect transparency and accountability in relation to the use of public funds.

Factors Favouring Non-Disclosure Section 31
Disclosure of specific makes and models of firearms equipment could leave officers’ vulnerable to attack by those criminal elements seeking to subvert police. This in turn could compromise law enforcement tactics and hinder the prevention of crime and apprehension or prosecution of offenders, impacting on police resources. 

Section 38 - Factors Favouring Disclosure
There is a public interest in the openness and transparency of the PSNI and providing the requested information would allow for better informed public awareness.

Section 38 - Factors Favouring Non-Disclosure
The release of information concerning types of holster, together with other information already available or the subject of further requests, could be detrimental to the health and safety of officers and the general public. If released this information would have the potential to lead to an increase risk of death or injury to officers and potentially members of the public.

Balancing Test/ Decision
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Whilst there is a public interest in the transparency of the law enforcement role of the Police Service and accountability in regards to public funds, there is a strong public interest in safeguarding the integrity of the police service. Both criminal and terrorist elements could use this information to have a better understanding of the functions of police equipment in an operational environment. This could be detrimental to the health and safety of not just officers but members of the public also.

The protection of life is of paramount importance and PSNI need to ensure that the health and safety of any individual is not compromised. This must take precedence over the accountability of public funds. Whilst the PSNI would always wish to be transparent and accountable, no release under FOI should be made where lives would be put at risk.

The release of information under the Freedom of Information Act 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 who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general. While there is a strong public interest in releasing the information requested, the PSNI must protect its law enforcement functions and the health and safety of individuals. Therefore, the public interest, in this instance, is best served by not releasing the information to which you seek access.