Coronavirus Fines (141A/20)

Request

  1. Any literature issued to constables of WMP Police giving guidance on the implementation of the Coronavirus Act 2020 and related regulations under any other Act of Parliament.
  2. Any literature issued to constables of WMP Police relating to any code of conduct when communicating/dealing with the general public.
  3. The number of fines issued in WMP under the Coronavirus Act 2020 since its inception.
  4. The number of fines issued in WMP under the Coronavirus Act 2020 which have been upheld.
  5. The number of fines issued in WMP under the Coronavirus Act 2020 which have been appealed and then subsequently dropped.
  6. The number of summons to court issued in WMP through non payment of fines issued under the Coronavirus Act 2020.
  7. The number of members of the public that have been detained in WMP where the Coronavirus Act 2020 has been cited for the reason of detainment.
  8. The number of arrests made in WMP under the Coronavirus Act 2020 since its inception.
  9. The number of arrests made in WMP under the Coronavirus Act 2020 where all charges relating to the Act have been dropped.
  10. The number of arrests made in WMP under the Coronavirus Act 2020 that have lead to formal charges being made against a member of the public.
  11. The number of arrests/detainments made in WMP under the Coronavirus Act 2020 where the individual placed under arrest/detainment was released at the point of arrest/detainment.

 

Response

Our data are not organised in such a way as to allow us to provide this information within the appropriate (cost) limit within the Freedom of Information (FOI) Act (see ‘Reason for Decision’ below).

Although excess cost removes the force’s obligations under the Freedom of Information Act, as a gesture of goodwill I have supplied information, relative to your request, retrieved before it was realised that the fees limit would be exceeded (see below links along with the answer to question 7). I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of the request.

The number of members of the public that have been detained in WMP where the Coronavirus Act 2020 has been cited for the reason of detainment.

We have currently detained no members of the public under the Sch. 21 powers.

https://www.college.police.uk/Documents/COVID-19-Police-brief-in-response-to-Coronavirus-Government-Legislation.pdf

 

https://www.college.police.uk/What-we-do/Ethics/Ethics-home/Pages/Code-of-Ethics.aspx

 

https://www.college.police.uk/What-we-do/COVID-19/Pages/COVID-19.aspx

 

REASON FOR DECISION

Please note that researching each individual case would exceed the appropriate limit (FOIA, s.12).  In order to locate and retrieve any literature issued would exceed the FOI time limit, this information could have originated or be held anywhere within the force, therefore we would need to contact every member of staff in to be certain that all literature has been captured.

In relation to questions 4 – 6, this information is not held by West Midlands Police.  When information for a Fixed Penalty Notice is recorded the force then provides the information by individual return (each officer) to ACRO (https://www.acro.police.uk/ ), as it is ACRO that administrates the fines.

The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.

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