Information Rights Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford, MK43 9AX Telephone: 01234 842547 Email: [email protected] 15th October 2019 Our Ref: FOI2019/06094 REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000 Ref No: FOI2019/06094 I write in connection with your request for information received on 20th September. I note you seek access to the following information: This is a request for information under the Freedom of Information Act 2000 1. How much revenue in fines has been generated from smart motorways in your police force area, in each of the last five years for which data is available? 2. How many traffic infringements have been caught through smart motorways in your police force area in each of the last five years for which data is available? 3. Have you had to increase staff to process infringements and fines caught through smart motorways? And if so, how many new staff have been added for this purpose in each of the last five years for which data is available? I am required by the Freedom of Information Act 2000 (The Act) to handle all requests in a manner that is blind to the identity of the requestor. Any information released in response to a request is regarded as being published and therefore, in the public domain without caveat. Following enquiries within the Constabulary please see our response below. Response Q1 – The Constabulary does not receive any revenue from fines. All fines are paid to Her Majesty’s Courts & Tribunals Service and onto central government. Q2 – Smart motorway speed enforcement began in Hertfordshire in 2014, these figures are the number of Notices of Intended Prosecutions issued for camera detected speed offences by financial year on smart motorways. FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 6175 23734 14954 11596 12241 Q3 – Hertfordshire Constabulary can confirm that it holds further information in relation to your request however, I am not obliged to supply the information you have requested. Such information is exempt under the following exemption: - Section 31(3) - Law Enforcement Section 31 is a prejudice based qualified exemption which requires the prejudice (harm) to be evidenced and a public interest test to be carried out. This means it can only be used if the public interest test favours non-disclosure. Overall harm Although every effort should be made to release information under the Freedom of Information Act, whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively enforcing the law, this should be countered against the need to protect vulnerable areas, Police Officers & staff and ongoing Policing operational activity. Law enforcement is of paramount importance and Hertfordshire Constabulary will not divulge information if to do so would place Police Officers & staff at risk. Whilst there is a public interest in the transparency of policing activity and operations, and providing assurance that the Police Service is appropriately and effectively engaging with the threat posed by offenders involved in committing offences, there is a strong public interest in safeguarding both officers and staff and the integrity of police investigations and operations in the areas which they work. Divulging any information relevant to the request would show where policing interest has occurred in a specific area which would enable those engaged in committing offences and or criminal activity to identify the focus of policing and identify vulnerable parts of the County. Public Interest Considerations Factors in favour of disclosure Providing information would increase public awareness into the actions taken by Hertfordshire Constabulary to ensure the safety of the public. This would improve public debate and highlight how public funds are spent for this type of policing. Factors in favour of non-disclosure Disclosing information regarding speed cameras and the Cameras, Tickets & Collisions Unit resources would harm the force’s operational ability by allowing those intent on committing offences & crimes to identify police presence and assist them in avoiding detection. Any information, no matter how generic, which would assist offenders with their criminal behaviour would undoubtedly be a risk to the safety of the public at large and would lead to a loss of confidence in Hertfordshire Constabulary’s ability to protect the community. There would be an impact on police resources and as such the ability to prevent and detect offences if disclosure of the information allowed an increase in crime to take place. Balancing Test The points above highlight the merits for and against providing information that is relevant to this request. As part of that policing purpose, various actions are taken to ensure the safeguarding of individuals. The security and safety of Hertfordshire Constabulary Officers and Staff is of paramount importance and the Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Whilst there is a public interest in the transparency of policing operations, providing assurance that Hertfordshire Constabulary appropriately and effectively monitor any threats to individuals from offenders, there is a very strong public interest in safeguarding the integrity of policing operations. Therefore, at this moment in time, it is our opinion that for these issues the balance test favours to withhold information relating to this request. The numerical data presented in this response is an un-audited snapshot of un-published data sourced from "live" systems and is subject to the interpretation of the original request by the individual extracting the data. Should you have any further enquiries concerning this matter please do not hesitate to contact me quoting the above reference number. Yours sincerely Information Rights Hertfordshire Constabulary provides you the right to request an independent review of this response under its review procedure. If you require such a review you must notify us within two months from the date of this letter. After lodging a complaint with Hertfordshire Constabulary if you are still dissatisfied with the decision you may make an application to the Information Commissioner. For information on how to make a complaint please visit their website at https://ico.org.uk/concerns/ or contact them on 0303 123 1113. .