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Request:
I would like to see copies of the calibration certificate and maintenance records of the LTI 20.20 [UltraLyte 1000] Concept Compact Flash system camera used on [REDACTED INFORMATION], North Yorkshire on A1 (M) Ingmanthrope operated by [REDACTED INFORMATION] safety camera officer.
I have requested this information from multiple agencies and the information requests seem to be getting ignored or refused. I am aware that this information is available to the public if requested via the freedom of information act 2000 and therefore should be provided. If these certificates of calibration and maintenance can not be shared or provided to myself as requested I will consider this as evidence against the operator [REDACTED INFORMATION] as well as North Yorkshire police officer in this case due to the fact I was travelling below the stated speed (83MPH) due to being on cruise control set at 70MPH.
I have a clean driving license with no points or endorsement on it and have done for multiple years (4/5) also had my 4 year old son in the car.
I have already sort legal advice retaining to this matter and the case against.
Response:
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I am exempting a response to your request pursuant to S30(1) - Investigations and proceedings conducted by public authorities.
Calibration certificates for the operator form part of Police evidence for prosecutions that are/or due to take place therefore the information will not be released until it is required for a court hearing. To release information under the Freedom of Information Act would prejudice any proceedings and is therefore exempt under Section 30(1)(a) – Investigations and proceedings conducted by public authorities.
Section 30(1)(a) – Investigations and proceedings conducted by public authorities
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
This exemption applies because the information you have requested is held for the purposes of an investigation into ascertaining whether a person/persons should be charged with an offence.
Public Interest Test
Factors favouring disclosure for Section 30(1)(a)
The number of speeding offences are an interest to the public, therefore disclosure of the information will allow the public to know that investigations are conducted properly.
Factors favouring non-disclosure for Section 30(1)(a)
Releasing evidential information relating to investigations/offences which is used to ascertaining whether a person/persons should be charged with an offence would adversely be affected if the information was released under the Act.
There are already procedures in place as to when to release this information and any additional releases of the information would prejudice any investigations.
The right to a fair trial would be undermined.
Balancing Test
Whilst there is public interest in disclosing any information around such profile subjects, there is also substantial public interest in the Force being able to carry out fair, competent and confidential investigations at all times.
After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
Pursuant to Sections 17(1) and 17(4) of the Act this letter acts as a refusal notice to your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.