FOI 0081-2024/25 - Gangs

Request:

Q1. Your definition of what is classified as a gang

Q2. How many active gangs are known to this Police force?

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 have today decided to disclose the located information to you.

Q1. No information held

However, as a gesture of goodwill please see The Serious Crime Act 2015 guidance on the definition of what a gang is, of which can be found on the below link.

Serious Crime Act 2015 - Explanatory Notes (legislation.gov.uk)

Q2. I am exempting any information relating to this part of the request pursuant to Section 31(1) and 24(1) of the Freedom of Information Act 2000 (the Act). Please see exemption explanation below.

Exemption Explanation

Section 17 of the Act requires North Yorkshire 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.

Sections (24) National Security and (31) Law Enforcement are qualified exemptions and as such there is a requirement to articulate the harm and conduct a test of the public interest

Evidence of Harm

As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, releasing the requested information would provide those persons intent on committing crime the capacity, tactical abilities and capabilities of the force. This would compromise law enforcement and would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public. Modern-day policing is intelligence led and this is particularly pertinent with regard to law enforcement. The public expect police forces to use all powers and tactics available to them to prevent and detect crime or disorder and maintain public safety. The prevention and detection of crime is the foundation upon which policing is built and the threat from terrorism cannot be ignored. It is generally recognised that the international security landscape is increasingly complex and unpredictable

The security of the country is of paramount importance and North Yorkshire Police will not disclose information if to do so would undermine national security. Whilst there is a public interest in the transparency of policing operations and providing assurance that the Police Service is appropriately and effectively engaging with the threat posed by offenders involved in county lines activity and terrorism offences, there is a very strong public interest in safeguarding both national security and the integrity of the Police service in the highly sensitive areas of which they work.

Information that undermines the operational integrity of the police will adversely affect public safety and have a negative impact on both national security and law enforcement.

Factors favouring disclosure under Section 31

Releasing information held relating to the number of active gangs known to North Yorkshire Police would provide an insight into the police resources and enable the public to have a better understanding of the effectiveness of the police.

It would show how public funds are being spent in relation to protecting the public.

Information would ensure transparency and accountability and enable the public to see what tactics are deployed by the Police Service to tackle/assist in fighting crime.

Factors against disclosure under Section 31

It has been recorded that FOIA releases are monitored by criminals and terrorists and so releasing information held relating to the number of active gangs know to North Yorkshire Police would undermine and compromise law enforcement and it would also hinder any local, regional or national operations.

It can be argued that there are significant risks associated with providing information in relation to any aspects that can assist criminal planning and that any nation’s security arrangements, by releasing the information, may reveal the relative vulnerability of what we may be trying to protect.

The Police Service would not wish to reveal resource information that would undermine the law enforcement operations and would impact on police resources, as more crime would be committed because criminals/terrorists would know which forces had less/more capability. This in turn would place the public at a greater risk and a fear of crime would be realised, especially for more vulnerable areas.

Factors favouring disclosure under Section 24

The public are entitled to know how public funds are spent and how resources are distributed within an area of policing. To disclose the number of active gangs known to North Yorkshire Police would enable the general public to hold the police to accountable. With the call for transparency of public spending this would enable improved public debate.

Factors against disclosure under Section 24

Providing the information would render policing and security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infra-structure of the UK and increase the risk of harm to the public.

Irrespective of what information is held, the public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain.

Balance test

The security of the public and the country is of paramount importance and the Police service will not divulge the resources, if to do so would place the safety of individuals at risk, due to providing freely available (single point) information under such requests and which in turn would undermine National Security or compromise law enforcement.

Whilst there is a public interest in the transparency of policing resources and providing assurance that the police service is appropriately prepared and effectively engaging with the threat posed by various groups or individuals, there is a very strong public interest in safeguarding the integrity of police resources and operations in the highly sensitive areas such as extremism, crime prevention, public disorder and terrorism prevention.

As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for exempting your request for planning information is not made out.

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.