Can you provide the following information please, from 1 Jan 2019 up until 31 Dec 2019.
- How many ‘close pass’ cycling incidents have been reported to this force in 2019?
- Of those incidents in point 1 how many have resulted in the driver of the vehicle being prosecuted for a close pass?
- Of those incidents in point 1 how many went to court with an unsuccessful prosecution for a close pass?
- Of those incidents in point 1 that didn’t receive a prosecution, how many were because there were no independent witnesses?
- Of those incidents in point 1 how many were dismissed as ‘acceptable pass’?
Please be advised that not all of the information that you have requested is available in a readily retrievable format. Court and prosecution information is not routinely fed back into our systems. Therefore, researching each individual case would exceed the appropriate limit (FOIA, s.12).
This means that the cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request.
Further information on section 12 of FOI is available here:
However, in accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and can provide information for the remainder of your request. Please see attached document (22460_Attachment).
This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests.