Microsoft word - final response 589.2010 redacted.doc
FOI Reference: 589/2010
Request: Under the Freedom of Information Act, please may I request the following information: I would like to find out how many deaths due to drug misuse there have been in Llanelli area over the past three years. I will need this information broken down for each year please, by drug, with ages and gender of victims. I would like this information as up-to-date as possible, in calendar year format. Response: Your request has now been considered and firstly I am obliged under S(1)(1)(a) of the Freedom of Information Act 2000 to tell you whether the information requested is held by the Force. Section 17 of the Freedom of Information Act 2000 requires Dyfed Powys Police, 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 that would not otherwise be apparent) why the exemption applies. As detailed below, I can confirm that Dyfed Powys Police does hold the requested information; however we consider that the following exemptions are applicable in part: Section 21 Information accessible to applicant by other means Section 30(1)(a)(b)(b) Investigations and Proceedings conducted by Public Authorities
Section 21 Information accessible to applicant by other means
Information relevant to the 2007 and 2008 calendar years is already available on the Dyfed Powys Police Disclosure Log and the relevant hyperlink is supplied below: http://www.dyfed-powys.police.uk/documents/FoIDisclosure/Misc/2009/181.pdf Section 30(1)(a)(b)(b) Investigations and Proceedings conducted by Public Authorities
In relation to the 2009 calendar year and information held to-date for the 2010 calendar year, I can confirm that Dyfed Powys Police do hold information; however we have redacted the information in part, since we consider that the Section 30 exemption is applicable. Section 30 Information held by a Public Authority is exempt information if it has at any time been held by the authority for the purposes of; (a) any investigation which the Public Authority has a duty to conduct with a view to it being ascertained (i) whether a person should be charged with an offence or (ii) whether a person charged with an offence is guilty of it; (b) Any investigation which is conducted by the Authority and in the circumstances may lead to a decision by the Authority to institute criminal proceedings which the authority had the power to conduct, or; (c) Any criminal proceedings which the Authority has the power to conduct.
The Section 30 exemption is a class based qualified exemption. This means that the legislators when writing the legislation considered that the release of such information under the Freedom of Information Act 2000 would cause harm to the public authority or individual concerned. There is therefore no requirement to carry out a HARM Test in respect of such information. However there is a requirement to carry out a Public Interest Test in order to establish whether the public interest in maintaining the exemption may be outweighed by a wider public benefit in disclosure. Details of Public Interest Test:
Factors favouring disclosure:
Release could promote public trust in demonstrating openness and accountability and evidence that deaths due to drug misuse is taken seriously and investigated thoroughly. Disclosure could evidence that investigations were conducted properly and public funds are being used effectively. Disclosure would provide awareness to the community to enhance public debate. Factors favouring non-disclosure:
Disclosure of the data requested would prejudice the investigation and the right to a fair trial would be undermined. The prevention and detection of crime would therefore be hindered and this would affect future law enforcement capabilities.
Balancing Test:
The Police Service is tasked with protecting the community and solving crimes and they would not disclose information if it would jeopardise those important roles. By disclosing the requested information in this case would mean that investigations would be less effective and the small benefit in increased public awareness would not be adequate compensation for such an impact on the investigation. It is therefore our opinion that the balance lies in favour of non-disclosure of the information subject to ongoing investigations. Drug Type
Methadone, dihydrocodeine, diazepam, temazepam and citalopram
Codeine, paracetamol and benzodiazepines
Morphine methadone diazepam and temazepam
Section 30(1)(a)(b)(c) exemption applied
Paracetamol, codeine, diazepam and citalopram
Methadone, dihydrocodeine, citalopram, diazepam and olanzapine
2010 to-date Drug Type
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