Key Facts
- •Mr. Gary Carnell requested information from Dorset Police about the number of speeding tickets cancelled by average speed cameras on the A338 and the reasons for cancellation.
- •Dorset Police withheld information citing Section 31(1)(a), (b), and (c) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner upheld the Police's decision in part.
- •Mr. Carnell appealed to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
Section 31 FOIA provides a qualified exemption subject to the public interest test for information that would prejudice law enforcement (prevention of crime, apprehension/prosecution of offenders, administration of justice).
Freedom of Information Act 2000
The tribunal must determine if disclosure would likely prejudice law enforcement and if the public interest in maintaining the exemption outweighs the public interest in disclosure.
Section 58 FOIA
For Section 31 to be engaged, a causative link between disclosure and prejudice must be shown; the prejudice must be real, actual, or substantial; and the chance of prejudice must be more than a hypothetical or remote possibility.
Tribunal's interpretation of Section 31
Outcomes
The appeal was allowed in part.
The Tribunal found that Dorset Police were not entitled to withhold information in categories 1, 2, and 6 due to a lack of causative link between disclosure and claimed prejudice. However, the Tribunal upheld the withholding of information in categories 3 and 5, concluding that disclosure would likely increase speeding and prejudice crime prevention, and that the public interest favoured withholding this information.
Substituted Decision Notice issued ordering Dorset Police to disclose specified information within 35 days.
The Tribunal determined which categories of information should be disclosed based on the application of Section 31 FOIA and the public interest test.