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Request:
We write in relation to police force and CPS decisions to investigate, arrest and prosecute/charge people with offences under ss58, 59 and 60 of the Offences Against the Person Act 1861, and under s1 of the Infant Life (Preservation) Act 1929, between 2019 and 2024.
We request from you, under the Freedom of Information Act 2000:
Q1. Copies of any policy or guidance, whether formal or informal, regarding decisions to investigate, arrest and prosecute individuals in connection with the offences referred to above.
Q2. Any memorandum of understanding between your individual police force and the CPS in relation to the offences referred to above, for example with regard to the operation of the CPS Code for Crown Prosecutors public interest test.
Q3. All communication between your individual force and the CPS with regards to the operation of policy, whether formal or informal, and/or the development of policy, including informal policy, regarding decisions to investigate, arrest and prosecute/charge individuals in connection with the offences referred to above.
Q4. All records, such as meeting minutes and communications by email, of discussions at the supervisory level, reviewing and/or making decisions to seek advice with regards to the investigation, arrest and prosecution/charge of individuals in connection with the offences referred to above, and specifically any communications at supervisory level. Q5. All communications internally within the force regarding media strategy related to the investigation, arrest and prosecution/charge of individuals for the offences referred to above, and specifically any communications at supervisory level.
Response:
Extent of Searches to Locate Information
Following receipt of your request searches were conducted within North Yorkshire Police to locate relevant information.
Decision
Your request for information below has now been considered. In respect of Section 1(1)(a) of the Freedom of Information Act 2000 (FOIA) we can neither confirm nor deny if North Yorkshire Police does or does not hold the information you have requested. It is estimated that the cost of complying with your request for information would exceed the “appropriate costs limit” under Section 12(2) of the Freedom of Information Act 2000.
Section 12 (2) allows a public authority to refuse a request where it estimates that it would exceed to appropriate limit to either comply with the request in its entirety or confirm or deny whether the requested information is held.
Due to the nature of our recording systems; the information requested, if held, is not in an easily retrievable format. To establish if any information relevant to your request is held by North Yorkshire Police, it would be necessary to conduct a search across the whole force for the timeframe requested for all records/communications in relation to the police and CPS decisions to investigate, arrest and prosecute/charge people with offences under sections 58, 59 and 60 of the Offences Against the Person Act 1861, and under s1 of the Infant Life (Preservation) Act 1929. A manual read would then be required to determine if it related to your request, exceeding the time limit allowed under the Act.
Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.
Pursuant to Section 16 of the Act I am required to offer you advice and assistance with regarding to refining your request to within the ‘appropriate limit’ (time/cost limit). However, we may be able to provide some information if you significantly reduce the timeframe requested. If you wish to discuss this please do not hesitate to contact me.
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.
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.