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Request:
Q1. Regarding your Ref: [REDACTED INFORMATION] could you please provide the photographic evidence from your speed camera for this alleged offence. My [REDACTED INFORMATION] and I both drove the car in question on that date and there is some doubt as to which of us was driving.
I know that Durham Police provide evidence on-line for this offence but I cannot see a way of obtaining this from the North Yorkshire Police website.
Response:
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I am exempting a response to your request pursuant to S30(1) - Investigations and proceedings conducted by public authorities.
To release information under the Freedom of Information Act would prejudice any proceedings and is therefore exempt under Section 30(1)(a) – Investigations and proceedings conducted by public authorities.
Section 30(1)(a) – Investigations and proceedings conducted by public authorities
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
This exemption applies because the information you have requested is held for the purposes of an investigation into ascertaining whether a person/persons should be charged with an offence.
Public Interest Test
Factors favouring disclosure for Section 30(1)(a)
The number of speeding offences are an interest to the public, therefore disclosure of the information will allow the public to know that investigations are conducted properly.
Factors favouring non-disclosure for Section 30(1)(a)
Releasing evidential information relating to investigations/offences which is used to ascertaining whether a person/persons should be charged with an offence would adversely be affected if the information was released under the Act.
There are already procedures in place as to when to release this information and any additional releases of the information would prejudice any investigations.
The right to a fair trial would be undermined.
Balancing Test
Whilst there is public interest in disclosing any information around such profile subjects, there is also substantial public interest in the Force being able to carry out fair, competent and confidential investigations at all times.
After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
Pursuant to Sections 17(1) and 17(4) of the Act this letter acts as a refusal notice to your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.