Disclosure Details

Notice of Intended Prosecution - 580/12

Dated: 07 Jun 2011

Date of request:   13/07/2012

Date of response:   07/08/2012

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

Thank you for your email dated 13 July 2012 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: 

"With regards to my earlier request, FOI 480/12 refers, please  supply the following.

  1. Does Northumbria Police issue NIP notices to discharged keepers as described, when date of alleged offence is recorded as post the disposal date as provided by information by PNC marker?

  2. Are non replies pursued in the same manner as all other NIP issues ? [ law...failing to provide etc.]

  3. Is N.P. aware of any circumstances regarding the use of the PNC in regard to discharged keepers.?"

In response:

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

Following receipt of your request, searches were conducted with the Fixed Penalty Unit of Northumbria Police.  I can confirm that the information you have requested is held by Northumbria Police.

I have today decided to disclose the located information to you as follows.

  1. Yes. A Notice of Intended Prosecution is generated, as the law requires, whenever an offence requiring a NIP is detected.  The details of who it should be sent to and the address to which it is sent, are obtained directly from DVLA and populated automatically on the form.  Therefore if DVLA supplies what later turns out to be the name and address of a keeper who has notified disposal, that person will still receive a NIP and the requirements of Section 1 Road Traffic Offenders Act 1988 will have been complied with.

  2. Failure to respond by such a person as outlined in the circumstances above still constitutes an offence of failing to supply information, within section 172(3) RTA however Northumbria Police will make alternative enquiries to try to establish the new current keeper as an alternative to court proceedings.  

  3. The DVLA send electronic updates Monday - Friday to PNC to update driver databases.  Caselaw confirms that if the details supplied by DVLA are in fact out of date or otherwise inaccurate, the Police are still obliged to use those details.

You may be interested to know that Northumbria Police routinely publish information that has been disclosed by Northumbria Police in response to requests made under the Freedom of Information Act 2000 via the Disclosure Log.  The aim of the Disclosure Log is to promote openness and transparency by voluntarily placing information into the public arena.

Whilst it is not possible to publish all responses we will endeavour to publish those where we feel that the information disclosed is in the public interest.  The Disclosure Log will be updated once responses have been sent to the requester.  I have provided the relevant link below:-

http://www.northumbria.police.uk/foi/disclosurelog/index.asp

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.

Downloads

FOI Complaint Rights Procedure_tcm4-28029