FOI Linked-series firearms (0610-2022/23)
Request
1) How many linked-series firearms – i.e firearms that have been used on more than one occasion – have been investigated by your police force over the last four calendar years (2018, 2019, 2020, 2021)
2) The total number of firearms crimes the linked-series firearms have been involved in
Response
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
Decision
North Yorkshire Police neither confirms nor denies whether information relevant to this request is held by virtue of Section 30(3) Investigations and Section 31(3) Law Enforcement.
Section 31 – Law Enforcement
Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.
Harm in complying with Section 1(1)(a) – to confirm or nor whether information is held
Disclosure of information under the Freedom of Information Act 2000 (FOIA) is a release to the world and not only to the person requesting the information. Once information has been released, it is often published on the Disclosure Log pages of the Constabularies’ external websites and therefore is available to anyone. Whilst not questioning an applicant’s motives for requesting information, due to the information being accessible to all, consideration must be given to the information being seen by individuals who are involved in criminal activity including terrorism related offences.
Firstly, the public expect police forces to use all powers and tactics available to prevent and detect crime or disorder and maintain public safety.
In this case, the applicant is trying to determine whether North Yorkshire Police holds any information in relation to crimes involving the use of linked-series firearms. As such, confirmation, or denial that information is held provides an indication of the force level firearms and ballistics forensics capabilities, or lack thereof, which is vital when making connections between firearms and discharged firearms.
Likewise, and irrespective of what information may or may not be held, to confirm information is held by citing a substantive exemption or, conversely, stating ‘no information held’, would undermine the effective delivery of operational law enforcement by compromising potentially ongoing investigations, some of which may be covert, as well as undermining an evidential tactic and the strength that evidence may have if used in a court of law for the prosecution.
Public Interest Considerations
Section 30(3) Investigations
Factors favouring complying with Section 1(1)(a) confirming that information is held
Confirming or denying that information exists relevant to this request would lead to a better-informed general public about the scale of linked-series firearms crimes, and the forces investigative focus on such matters.
The public are entitled to know how public funds are spent, particularly when money from the ‘public purse’ is used as part of firearms and ballistics forensic analysis.
Factors against complying with Section 1(1)(a)
Modern-day policing is intelligence led and North Yorkshire Police where appropriate share information with other forces and law enforcement agencies as part of their investigative process. To confirm or not whether North Yorkshire Police has, or is conducting criminal investigations involving linked series firearms, some of which may be covert, would hinder the prevention and detection of crime as well as undermine the partnership approach to investigations and law enforcement.
Section 31(3) Law Enforcement
Factors favouring complying with Section 1(1)(a)
There is media reporting on linked series firearms in connection to the tragic shooting of Olivia Pratt-Korbel in Merseyside - Gun linked to Olivia Pratt-Korbel's murder used in three shootings (msn.com). As such, there is public interest in understanding the extent of firearms crimes within the UK generally.
Factors against complying with Section 1(1)(a)
Confirmation or denial would be useful intelligence to the criminal fraternity by indicating whether North Yorkshire Police (and more so all forces at a national level) are investigating linked-series firearms crimes, which may include crimes committed in neighbouring counties, or other force areas. This may serve only to embolden criminals if the information is such that it indicates which forces are aware of linked-series firearms crimes, against those which are not, thus providing valuable insight into which firearms might prove harder to detect within linked firearms crimes. Such action would hinder the prevention and detection of crime.
Balancing Test
The points above highlight the merits of confirming or denying that information pertinent to this request exists. The Police Service proactively uses all tactics available to them, particularly when trying to reach a successful conclusion to investigations and solve crime. Any tactics are used in line with current forensic capabilities when available and appropriate.
The effective delivery of operational law enforcement takes priority and is at the forefront of North Yorkshire Police to ensure the prevention and detection of crime is carried out and the effective apprehension or prosecution of offenders is maintained.
Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying, that information is held is not made out.
No inference can be taken from this refusal that information does or does not exist.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to part of 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.