I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002.

Transcription

1 Our Ref: IM-FOI Sir Stephen House QPM Chief Constable FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act For ease of reference, your request is replicated below together with the response. Q1 Details of all crime statistics (reported crimes by type, and actions taken) relating to 'T in the Park' held at Strathallan Castle, Perthshire for the period 2015 (most up to date data. Can you provide data for each crime category in format: reported, detected and arrested Having considered your request in terms of the above Act, I can provide you with the information requested which can be found at Table A at the end of this document. I can further advise you that with the exception of the undernoted examples, all of the accused individuals for the detected crimes were reported to either the Procurator Fiscal or the Reporter to the Children s Panel as appropriate. Adult Fixed Penalty Notices were issued for three Breach of the Peace offences and one Refusing to Quit Licensed Premises offence. Juvenile Informal Warnings were issued for one Petty Assault offence and one Threatening or Abusive Behaviour offence. Please note that the data provided is dynamic as it has been retrieved from live data recording systems and it is accurate only at the time of retrieval. It may differ marginally from any information subsequently published and the figures may change as future information comes to light and amendments are applied accordingly. Q2 Number of Police man-hours spent policing 'T in the Park' for the period 2015 (most up to date data) In response to this question, I would advise you that, in terms of Section 16 of the Freedom of Information (Scotland) Act 2002 I am refusing to provide you with the information sought.

2 -2- Section 16 requires Police Scotland when refusing to provide such information because it is exempt, to provide you with a notice which: (a) states that it holds the information, (b) states that it is claiming an exemption, (c) specifies the exemption in question and (d) states, if that would not be otherwise apparent, why the exemption applies. I can confirm that Police Scotland holds the information that you have requested. The exemptions that I consider to be applicable to the information requested by you are as follows: Section 35(1)(a)&(b) - Law Enforcement The information requested is exempt as its disclosure would, or would be likely to, prejudice substantially the prevention or detection of crime and the apprehension or prosecution of offenders. In these circumstances, to disclose the level of resource deployed at these events would allow those intent upon committing crime or causing disorder to gauge the likelihood of avoiding detection at any future similar events. This would, or would be likely to, prejudice substantially the prevention or detection of crime and the apprehension or prosecution of offenders. As you will be aware, public safety and security at such events is paramount and any opportunity for disorder must be reduced so as to present the lowest possible risk. Section 39(1) - Health, Safety and the Environment The information requested is exempt as its disclosure would or would be likely to endanger the physical health or safety of an individual(s). In these circumstances, to disclose the level of resource deployed at these events would allow those intent upon causing disorder or violence to gauge the likelihood of achieving their goal and so increase the risk posed. The risk of disorder in such circumstances must be minimised, as any disorder at such events carries with it the possibility of widespread panic or sudden movement of a large crowd and greatly increases the likelihood of injury or worse to those in the immediate area. Public Interest Test The exemptions contained in Sections 35 and 39 above are also subject to a Public Interest Test as outlined in Section 2 of the Freedom of Information (Scotland) Act 2002.

3 -3- The key test when considering the public interest is to establish whether, in all the circumstances of the request, the public interest in disclosing the information is not outweighed by that in maintaining the exemption(s). The following outlines the public interest considerations I have included in arriving at my decision to refuse access to the information requested. Supporting Disclosure Accountability: There is a public interest in disclosing information to the public concerning the efficient and effective use of resources by the police service. Public Debate: There is a public interest in the disclosure of information that would inform, and contribute to the accuracy of the public debate on the issue of policing public events of this nature. Supporting Non-Disclosure Efficient and Effective Conduct of the Force: There is no public interest in the release of information where the current or future law enforcement role of the Force may be compromised by the release of the information. The release of this type of information would potentially have a damaging effect on the ability of Police Scotland and other Forces to effectively conduct the policing of such events in the future. Prevention and Detection of Crime: There is no public interest in releasing information which would compromise the prevention or detection of crime and the apprehension or prosecution of offenders. Health and Safety of Individuals: There is no public interest in releasing information that is likely to compromise the safety of individuals attending future similar events. The public safety considerations involved in the policing of major events clearly favour non-disclosure. Balancing Test In balancing these competing factors, I consider that the decision must fall in favour of preventing crime and safeguarding the health and safety of the public at these types of events, where effective crowd control and good order are vital. I assess these factors to carry more weight than those of public awareness and increasing accountability and, accordingly, I have decided to maintain the exemptions and refuse to provide you with the information requested.

4 -4- Q3 Q4 Total cost incurred by Police Scotland of policing 'T in the Park' for period 2015 and the total amount recharged to DF Concerts Ltd relating to T in the Park 2015 including any costs incurred but not recovered from DF Concerts Ltd during the period July 2014 to July 2015 & Basis and detailed calculations of the amount recharged by Police Scotland to DF Concerts for the period 2015 In response to these questions, I would advise you that, in terms of Section 17 of the Freedom of Information (Scotland) Act 2002, this represents a notice that the information you seek is not held by Police Scotland. By way of explanation, the final costs are not yet known as a number of invoices remain outstanding and calculations have therefore yet to be completed. To be of assistance, I can advise that it is anticipated that this process will be complete by early September, at which time I would invite you to resubmit your request should you wish. Should you require any further assistance concerning this matter please contact me directly on quoting the reference number given. If you are not satisfied with the way in which your request has been dealt with, you are entitled in the first instance, and within 40 working days of receiving this response, to request a review of the decision. Should you wish to do so, contact details are; FOI Central Processing Unit, Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH - foi@scotland.pnn.police.uk If you remain dissatisfied following the outcome of that review, you are thereafter entitled to apply to the Scottish Information Commissioner within six months for a decision. Contact details are; Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS - enquiries@itspublicknowledge.info Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Yours sincerely, Claire Sturrock Information Management

5 Table A - Crimes Recorded at 2015 T in the Park Music Festival Offences Detected Undetected Total Bail offences other than absconding or re-offending (inc. Fail to comply with bail condition) 1 1 Breach of the peace 3 3 Concerned in the unlawful supply of controlled drugs 8 8 Driving motor vehicle with blood alcohol content above prescribed limit 1 1 Fraud (including statutory fraud) 2 2 General post office/ telecommunications offs (non sexual messages) 1 1 Having in a public place an article with a blade or a point In building with intent to steal 1 1 Obstructing a constable in execution of search under the misuse of drugs act 1 1 Petty assault Possession of drugs Possession of offensive weapon (public place) 2 2 Possession with intent to supply drugs 1 1 Racially aggravated conduct 1 1 Reckless conduct (not with firearms) 1 1 Refusing to quit licensed premises 1 1 Reset 2 2 Resist obstruct officer 2 2 Resist officer 1 1 Resisting arrest 1 1 Serious assault Sexual Offences 2 2 Theft by finding 2 2 Theft by OLP (excluding motor vehicle) 2 2 Theft not elsewhere classified Theft of a motor vehicle and contents including taking and driving away 1 1 Threatening or abusive behaviour Vandalism Total