Disclosure Details

Terrorism - 888/14

Dated: 11 Dec 2014

Date of request:      24/10/14

Date of response:    13/11/14

Provision of informati11 held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)

Thank you for your email dated 24 October 2014 in which you made a request for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.

You asked: 

  I would like to make a Freedom of Information request. I would like to know how many arrests have been processed this year (2014) for terrorist-related offences?

In response:

We have now had the opportunity to fully consider your request and I provide a response for your attention.

 With regards to your query we shall not be disclosing any information and by withholding we rely on the following exemptions
Section 31(1)(a)(b) Law Enforcement and Section 24(1) National Security
Overall harm for Section 31 and Section 24

The threat from terrorism cannot be ignored.  It should be recognised that the international security landscape is increasingly complex and unpredictable.  The UK faces a sustained threat from violent terrorists and extremists.  Since 2006, the UK Government have published the threat level, based upon current intelligence and that threat has remained at the second highest level, ‘severe’, except for two short periods during August 2006 and June and July 2007, when it was raised to the highest threat, ‘critical’, and in July 2009, when it was reduced to ‘substantial’. The current threat level to the UK is ‘substantial’. 
The disclosure of the requested information would undermine the individual force Counter Terrorism (CT) units which would consequently be detrimental to our ability to be able to deal with the on-going terrorist threat we face.  By providing the number of arrests specifically conducted by Northumbria Police Counter Terrorism Unit, would allow comparison of CT units across the country and enable terrorists to build a picture of what resources are in place and where they are deployed.  It is felt that the disclosure of this information would prejudice the effectiveness of the national counter terrorism effort and would allow inferences to be drawn about our force level CT activity.
Disclosure of information below a national figure would start to indicate levels of policing activity at individual force levels and that information could allow individuals to exploit what they might consider to be “softer”, or what appears to be less active or resourced areas, by analysing patterns of police activity and deployments over time, ultimately to avoid detection. This would infer CT policing resources and by analysing similar data from around the country we might allow criminals to understand national CT policing activity. For example, this would enable terrorists to make judgments concerning their preferred travel routes where they perceive there to be a greater vulnerability, lower staff levels and lesser probability of being apprehended.  The release of figures that are too detailed is likely to frustrate Special Branch activity in response to changing terrorist travel patterns.  Ultimately, this constant disruption would reduce the effectiveness and efficiency of Special Branch/CT units, increase the advantage to the terrorist and increase the risk and vulnerability to the security of the UK from terrorist attack.
Factors favouring disclosure for S24

The public are entitled to know how public funds are spent and by disclosing this information the public would be able to see where public money is being spent and know that forces are doing as much as they can to combat terrorism.

Factors The factors favouring non-disclosure for S24

By disclosing this information would render Security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infra-structure of the UK. The risk of harm to the public would be increased if the location of vulnerable areas of the UK were made public as this would provide opportunity for terrorist planning. Ongoing or future operations to protect the security or infrastructure of the UK would be compromised as terrorists could map across the country the level of counter-terrorist activity, giving them the knowledge of force’s individual capabilities.

The factors favouring disclosure for S31

By disclosing the information the public would see where public funds are being spent and would be able to take steps to protect themselves and their families. Better public awareness may reduce crime or lead to more information from the public as they would be more observant in reporting suspicious activity. The Home Office regularly publish national statistical data on terrorism arrests.

Factors favouring non-disclosure for S31
By disclosing the information law enforcement tactics would be compromised which would hinder the prevention and detection of terrorist crime.  More crime would be committed because terrorists would know which forces had less CT capability and capacity and individuals would therefore be placed at a greater risk.  A fear of crime would be realised because if the terrorists identified more vulnerable areas, they would target and exploit these areas and the public would be in fear of more terrorist activity occurring.  There would be an impact on police resources because if the number of CT Unit arrests was disclosed per force, the more vulnerable forces may need to increase their resources to reassure and protect the community.
Balance test
The security of the country is of paramount importance and the Police service will not divulge information if to do so would place the safety of an individual at risk or undermine National Security. Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service is appropriately and effectively engaging with the threat posed by a terrorist attack, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive area of terrorism. 
As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of national security this will only be overridden in exceptional circumstances. CTU capabilities are high-profile sensitive issues of intelligence value to the terrorist and therefore it is our opinion that for these issues the balancing test for disclosing the information requested is not made out. 

Due to the different methods of recording information across 43 forces, a specific response from one constabulary should not be seen as an indication of what information could be supplied (within cost) by another.  Systems used for recording these figures are not generic, nor are the procedures used locally in capturing the data.  For this reason responses between forces may differ, and should not be used for comparative purposes.

The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police.  Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation.  In particular, you must not re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp

If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.


FOI Complaint Rights Procedure_tcm4-67103