Request
I am writing to make an application under the Freedom of Information Act.
- How many times your force has recorded a firearm being discharged in 2018, 2017 and 2016.
- I understand the definition of a firearm being discharged is if it is ‘fired – causing injury to a person’, ‘fired – causing property damage’ and ‘fired – no injury to person or damage to property’. Please let me know if your force has a different definition.
- Secondly, could I obtain a breakdown of the number of under 18’s investigated for possessing a firearm for 2018, then 2017 and 2016.
- And, could you indicate how many for each age bracket (so, the number of 17 year olds, 16s, 15s etc)?
Response
We can confirm that information is held for questions 1, and 2 of your request (please see attached (8781_attachment_01).
However with regard to the remaining questions West Midlands Police will neither confirm nor deny details of any ongoing investigations. This email serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act).
REASONS FOR DECISION
The Freedom of Information Act places two responsibilities on public authorities, the first of which is to confirm what information it holds and secondly to then disclose that information, unless exemptions apply.
In this case West Midlands Police will neither confirm nor deny the existence of any relevant data by virtue of:
S30 (3) – Investigations and Proceedings
S31 (3) – Law Enforcement
S38 (2) – Health and Safety
S40 (5) – Personal Information
No inference can be taken from this refusal that the information you have requested in respect of any ongoing investigations does or does not exist.
These exemptions and explanatory notes are shown here:
In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached