FOI 517/25

REQUEST

Could you please provide or confirm where I can locate policies relating to the procedures for investigations by the police.

 

Clarification – I would like to know the procedures that the OIC or others tasked by the OIC should be following. I would like any policy or written procedure that should be followed in such investigations.

 

RESPONSE

 

We have consulted with our Crime and Criminal Justice Department who have provided the below that is relevant to your request regarding investigation management by the OIC (Office in Case).

 

Please see the attached document entitled ‘Incident and Occurrence allocation and Investigation Management Policy v1_Redacted’ that provides the information to answer your request.

 

South Wales Police have created a policy as per the attached referenced in this response which outlines the current procedures and considerations for investigators of crime, which includes assault investigations. In this instance the OIC of the investigation.

In relation to the redacted information, the following exemption applies:

Section 31(1)(a)(b) – Law Enforcement

 

Section 31 is a qualified, prejudice-based exemption and the legislators accept that there may be harm if released. The authority is therefore required to articulate the harm that may be caused and consider the public interest arguments for and against the disclosure of the information.

 

Overall Harm

 

A disclosure in response to a Freedom of Information request is not a disclosure to the individual applicant but a release into the public domain. It is important that a Police Force safeguards its effective and efficient service and does not disclose information that could undermine that.

 

Disclosure of the requested information would reveal our tactical capabilities and compromise the prevention or detection of crime and the apprehension or prosecution of offenders. This would hinder future investigations by assisting those who are intent on undertaking criminal activity. 

 

Factors favouring Section 31

 

By disclosing the requested information, this would provide openness and transparency and better awareness to the public.

Factors against Section 31

 

The security of the public is of paramount importance and the Police Service will not divulge information if to do so could compromise law enforcement.

 

To provide the exempt information will place into the public domain tactical details and vulnerabilities which will undermine the effect use of this policing method.

 

This would have an adverse effect on the South Wales Police’s ability to prevent and detect crime and keep our communities safe.

 

Balance Test

 

Every effort should be made to release information under Freedom of Information; however, to provide details that would undermine operational policing would not be in the public interest.

 

Whilst there is a public interest in the transparency of policing operations and investigations, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, there is a very strong public interest in safeguarding the integrity of policing tactics. As much as there is public interest in knowing that policing activity is appropriate and balanced, this will only be overridden in exceptional circumstances.

 

Therefore, it is our opinion that for these issues the balance test lies in favour of withholding the information.

 

In accordance with the Act, this letter acts as a refusal notice for this part of your request.