Dangerous driving policy (FOI)

Request

My request concerns States of Jersey Police report reference [number redacted].

I request the following data please:

A

A PDF copy of the report I filed.

 B

The audio recording of the telephone call made to my mobile number by PC [name redacted] on 26 August 2021 at 10:13am, from an unidentified number.

C

Any notes, documents, or other media created by PC [name redacted] and supervisor Sgt [name redacted] regarding this incident.

D

If it exists, a copy of the States of Jersey Police document which outlines the criteria they use to determine how dangerous driving reports from the public are handled internally. I am particularly interested in anything documenting which reports should be referred for prosecution versus "words of advice" given to the driver.

E

Please also supply a copy of the retention schedule for the above referenced media.

Response

A to C

These three questions are exempt under Article 25 of the Freedom of information (Jersey) Law 2011 as they contain the personal data of the applicant. This information can be obtained (subject to limitations) from the States of Jersey Police using a Subject access request form, available via the below link.

States of Jersey Police - Personal information Access

D

There is no police policy document advising officers when to offer Words of Advice or to prosecute offenders. Each incident will be assessed on a case by case basis. If the evidential test is met and it is deemed to be in the public interest to prosecute, a prosecution would normally follow.

All investigations are assessed under a threat, harm and risk basis. Crimes are also assessed and reviewed at the Daily Management Meeting, this also includes the department and officer allocation.

E

Not all telephone calls to and from the police station are recorded. Those that are (Police control room and Professional Standards) are retained for 12 months.

Evidential paperwork and officers notebooks are retained for a minimum of six years.

Management of police information (college.police.uk)

Articles applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a