Drug Related Crimes

Request Number: FOI/15991

Category: Incident and Crime Statistics - Alcohol and Drugs

Subject: Drug Related Crimes

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 some information to which your request relates and this is being provided to you.
In relation to Question 2, Police Service of Northern Ireland (PSNI) is providing an NCND response and will explain this further in the response 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.

Question 1
How does a member of the public that has been arrested due to having class a, b and c drugs be released without prison time ?

Answer 1
It is the responsibility of the PSNI to gather available evidence where an offence has been committed. This is then progressed to the Public Prosecution Service who decide whether or not to prosecute. In the case of prosecution, it is the decision of a Judge to determine if prison time is imposed on the offender.

Question 2
How many people living within Caw Close are currently being investigated for drug related crimes ?

Answer 2
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in the request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.

Where exemptions are relied upon Section 17(1) 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) states (if that would not otherwise be apparent) why the exemption applies.

The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 31(3) Law Enforcement - 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).

Section 40(5B) Personal Information - The duty to confirm or deny does not arise if to do so 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

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1) (a) would in itself disclose sensitive or potentially damaging information that falls under an exemption. In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held. The starting point and main focus in most cases will be theoretical considerations about the consequences of confirming or denying that a particular type of information is held. The decision to neither confirm nor deny is separate from a decision not to disclose information and needs to be taken entirely on its own merits.

PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it helpful to refer to this at the following link:

https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental-information-regulations/when-to-refuse-to-confirm-or-deny-holding-information/

Section 40 is a class based absolute exemption and there is no requirement to evidence the harm or consider the public interest. 

Section 31 being a prejudice based and qualified exemption, there is a requirement to articulate the harm that would be caused in confirming or not whether information is held as well as carrying out a public interest test.

Section 40(5B)(a)(i) - Personal Information
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.

To confirm or deny that PSNI hold or do not hold information would in fact confirm information about an individual. This would amount to a release into the public domain of personal information about an individual and likely to cause distress. The individual would have no expectation that these details would be released into the public domain; therefore PSNI would breach its data protection obligations and be unfair to individuals.

Harm for NCND
Whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, this should be countered against the need to protect vulnerable areas, and ongoing Policing operational activity. To confirm or deny whether individuals within a certain area are currently under investigation for drug related offences could reveal information about operational activity, policing priorities or investigative focus. This could allow certain individuals to draw conclusions about law enforcement priorities and adapt their behaviour to avoid detection, compromising PSNI's policing tactics and operational effectiveness.

Public Interest Test
Factors Favouring Confirmation or Denial - Section 31(3)
Confirming or denying whether any information is held would provide an insight into the police service. This would enable the public to have a better understanding of the effectiveness of the police as well as demonstrate accountability for the use of public resources and the effectiveness of policing in the local area. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.

Factors Against Confirmation or Denial - Section 31(3)
By confirming or denying whether information is held could compromise law enforcement tactics which would hinder the prevention and detection of crime and impact on police resources which may need to be increased to reassure the public and protect the surrounding community. This would result in more risk to the public and consequently require the use of more police resources. It could allow certain individuals to draw conclusions about law enforcement priorities and adapt their behaviour to avoid detection, compromising PSNI's policing tactics and operational effectiveness.

Balancing/Decision - Section 31
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Whilst there is a legitimate public interest in the transparency of the law enforcement role of the Police Service, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, there is a strong public interest in safeguarding the integrity of the police service and its functions. 

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.