FOI 732/24 Operation Magnolia

Dear Sir/Madam,

Enquiry Reference:  732 - 24                                                                                                    

I write in connection with regards to your Freedom of Information request.  Below is your request and our response.

• If anyone of the people investigated over operation magnolia have been charged if so whom and when will prosecution take place if not what are the chances of anyone being charged. 

Answer

Section 1 of the Freedom of Information Act 2000 places two duties on public authorities.  Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held.  The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held.  Where exemptions are relied upon, Section 17 of the Freedom of Information Act requires that I provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) state (if that would not otherwise be apparent) why the exemption applies.

The Cleveland Police Service can neither confirm nor deny that it holds any other information relevant to your request as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:

Section 30(3) Investigations;

Section 30 is a qualified class-based exemption and there is a requirement to conduct a public interest test.

Information exempt by virtue of Section 30 (1) (a) (b) & (c) is exempt information if it has 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 any 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 has the power to conduct or (c) any criminal proceedings which the authority has the power to conduct.

Public Interest test - Considerations favouring disclosure.

• Accountability: There is a general public interest in understanding how public authorities conduct investigations, particularly those of a historic nature.
• Public awareness: Disclosure of the information in relation to an on-going investigation may enhance the ability and professionalism of the force and individual officers.

Considerations favouring non-disclosure.

• Public safety: By the inappropriate release of information, which could undermine an on-going investigation and could lead to a less effective process.

Balancing Test:

Whilst the public interest considerations favouring disclosure are noted in considering the arguments for and against release of the information requested, the balance in the public interest favours non-disclosure. Disclosure, at this moment in time other law enforcement may either be compromised or significantly weaken any on-going investigations and any future investigations.

In accordance with Section 17(4) of the Freedom of Information Act 2000, this notification acts as a Refusal Notice to this section of your request.

No inference can be taken from this refusal that the information you have requested does or does not exist.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request, you have the right to request an independent internal review of your case under our review procedure. The Freedom of Information Code of Practice (see below link) states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced. Public authorities are not obliged to accept internal reviews after this date.

https://www.gov.uk/government/publications/freedom-of-information-code-of-practice

Yours sincerely

Information Rights Decision Maker