Microsoft word - final response 589.2010 redacted.doc

FOI Reference: 589/2010

Request:
Under the Freedom of Information Act, please may I request the following information:
I would like to find out how many deaths due to drug misuse there have been in Llanelli area over the
past three years.
I will need this information broken down for each year please, by drug, with ages and gender of victims.
I would like this information as up-to-date as possible, in calendar year format.
Response:
Your request has now been considered and firstly I am obliged under S(1)(1)(a) of the Freedom of
Information Act 2000 to tell you whether the information requested is held by the Force. Section 17 of the
Freedom of Information Act 2000 requires Dyfed Powys Police, when refusing to provide such
information (because the information is exempt) to provide you, the applicant with a notice which: (a)
states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be
apparent) why the exemption applies. As detailed below, I can confirm that Dyfed Powys Police does
hold the requested information; however we consider that the following exemptions are applicable in part:
Section 21 Information accessible to applicant by other means
Section 30(1)(a)(b)(b) Investigations and Proceedings conducted by Public Authorities

Section 21 Information accessible to applicant by other means

Information relevant to the 2007 and 2008 calendar years is already available on the Dyfed Powys Police
Disclosure Log and the relevant hyperlink is supplied below:
http://www.dyfed-powys.police.uk/documents/FoIDisclosure/Misc/2009/181.pdf
Section 30(1)(a)(b)(b) Investigations and Proceedings conducted by Public Authorities

In relation to the 2009 calendar year and information held to-date for the 2010 calendar year, I can
confirm that Dyfed Powys Police do hold information; however we have redacted the information in part,
since we consider that the Section 30 exemption is applicable.

Section 30 Information held by a Public Authority is exempt information if it has at any time been held by
the authority for the purposes of;
(a) any investigation which the Public Authority has a duty to conduct with a view to it being ascertained
(i) whether a person should be charged with an offence or (ii) whether a person charged with an offence
is guilty of it;
(b) Any investigation which is conducted by the Authority and in the circumstances may lead to a decision
by the Authority to institute criminal proceedings which the authority had the power to conduct, or;
(c) Any criminal proceedings which the Authority has the power to conduct.
The Section 30 exemption is a class based qualified exemption. This means that the legislators when
writing the legislation considered that the release of such information under the Freedom of Information
Act 2000 would cause harm to the public authority or individual concerned. There is therefore no
requirement to carry out a HARM Test in respect of such information. However there is a requirement to
carry out a Public Interest Test in order to establish whether the public interest in maintaining the
exemption may be outweighed by a wider public benefit in disclosure.
Details of Public Interest Test:

Factors favouring disclosure:

Release could promote public trust in demonstrating openness and accountability and evidence that
deaths due to drug misuse is taken seriously and investigated thoroughly. Disclosure could evidence that
investigations were conducted properly and public funds are being used effectively. Disclosure would
provide awareness to the community to enhance public debate.
Factors favouring non-disclosure:

Disclosure of the data requested would prejudice the investigation and the right to a fair trial would be
undermined. The prevention and detection of crime would therefore be hindered and this would affect
future law enforcement capabilities.

Balancing Test:

The Police Service is tasked with protecting the community and solving crimes and they would not
disclose information if it would jeopardise those important roles. By disclosing the requested information
in this case would mean that investigations would be less effective and the small benefit in increased
public awareness would not be adequate compensation for such an impact on the investigation. It is
therefore our opinion that the balance lies in favour of non-disclosure of the information subject to
ongoing investigations.
Drug Type
Methadone, dihydrocodeine, diazepam, temazepam and citalopram Codeine, paracetamol and benzodiazepines Morphine methadone diazepam and temazepam Section 30(1)(a)(b)(c) exemption applied
Paracetamol, codeine, diazepam and citalopram Methadone, dihydrocodeine, citalopram, diazepam and olanzapine 2010 to-date
Drug Type

Source: http://www.dyfed-powys.police.uk/archive/documents/FoIDisclosure/Misc/2010/589.pdf