Gang Member Injunctions (10141_17)
On July 13, 2017, Birmingham Crown Court granted injunctions against eighteen alleged gang members.
1) Since those injunctions were granted, please disclose how many of the 18 have subsequently been served (in keeping with section 8 of Home Office statutory guidance – http://library.college.police.uk/docs/homeoffice/statutory-guidance-injunctions-gangs-2010.pdf) as per the date of this request?
2) If some have not been served, please provide a one-line summary as to why the injunction has not been granted (e.g. subject not at address when serving of injunction attempted);
3) If disclosable, please disclose which of the 18 have been served with injunctions to date.
We can confirm that information is held by West Midlands Police in respect of this request. However, I am afraid that we are not required by statute to release all of the information requested. Information is being withheld in respect of questions 2 and 3 of your request and this e-mail serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (FOIA).
Regarding Question 1 of your request, as at 20/09/2017, 16 injunctions have been served.
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, information in respect of questions 2 and 3 of your request has not been disclosed by virtue of:
Section 31(1)(b) – Law Enforcement (the apprehension and prosecution of offenders)
This exemption and explanatory notes are shown here:
In line with Section 31 above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this attached.