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REQUEST
Regarding the investigation into the cannabis factory at Whitchurch Hospital, I would be grateful if you could clarify if any of the following recorded information is held and could potentially be disclosed:
RESPONSE
We consulted with our Cardiff & Vale BCU (Basic Command Unit) who have provided the below information to answer your request.
Question 1
This incident pre-dated the mandatory use of body worn video within South Wales Police therefore there is no body worn video held.
Whilst we can confirm that images of the crime scene are held, these photographs depict the entire set up of the cannabis factory. Therefore, your request for this information has been considered and we are not obliged to supply this. 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 details about the methods, equipment and techniques used in cannabis factories. This information could be used by individuals in illegal operations therefore frustrating law enforcement efforts. 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. It could help in public understanding the nature and scale of these type of policing operations.
Factors against Section 31
We will not disclose information that would risk assisting criminal activity by disclosing sensitive operational or tactical information. If we were to disclose the requested information, it could give individuals insight to how such operations are set up which could undermine future investigations.
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.
Balance Test
Whilst there is public interest in police transparency, there is stronger public interest in safeguarding information which could assist those who wish to disrupt the police service.
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.
Question 2
We do not hold any floor plans as part of the investigation.
Under section 16 our duty to advise and assist you may wish to submit this part of your request to the NHS using the email address provided below: