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Enquiry Reference: 497 - 24
I write in connection with regards to your Freedom of Information request, Below is your request and our response.
- the number of thefts from robbers on a moped from Jan 2019 - Jan 2020 and Jan 2022 to the present day - giving a month by month breakdown.
-The items stolen. (E.g. mobile phone, headphones, etc)
-Where the phone was stolen from and where it was traced to
-The number of arrests and charges
Section 1 of the Freedom of Information Act 2000 (FOIA) 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 Sec 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.
Having made enquiries within the force, locating the data requested would mean manually accessing each robbery crime record each year to check whether the suspect was on a moped, last year alone the figures were over 800, this would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken.
Therefore, please treat this as a refusal notice under S17 of the Freedom of information Act.
In accordance with Section 16 of the Act we have a duty to provide advice and assistance however in this case we are unable to provide assistance.
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