Request into the report in 2015 of assessment of burglary investigation

Summary

A request was made for a 2015 peer review report by Lancashire Chief Constable Steve Finnigan regarding a spike in domestic burglaries on the Isle of Man. The Constabulary released a redacted copy of the report, withholding information due to ongoing investigations and data protection laws.

Key Facts

• The request concerned a review of 60 linked domestic burglary offences in January and February 2015.
• The investigation into the burglary series remains undetected and open as of October 2017.
• The Constabulary has implemented many recommendations from the peer review to develop specialist investigations.
• A redacted version of the report was provided via email.
• Information was withheld under sections 25, 31, and 32 of the Freedom of Information Act 2015.

Data Disclosed

• 2015
• January and early February 2015
• 60
• £160,000
• 2017-09-28
• 2017-10-17
• IM104894I
• section 25
• section 31
• section 32
• Data Protection Act 2002

Exemptions Cited

• Section 25: Absolutely exempt personal data
• Section 31: Investigations and legal proceedings
• Section 32: Law Enforcement (prevention or detection of crime, apprehension or prosecution of offenders, administration of justice)

Data Tables (1)

Full Response Text

MEOIRYN SHEE-ELLAN VANNIN REFERENCE NUMBER: IM104894I 17th October 2017 ISLE OF MAN CONSTABULARY

&Freedom of nformation Scrrsr;ys rJ'Ssen.e REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 ("the Act") Thank you for your request dated 28th September 2017 Your request You asked for: "I would like to request a copy of the review report carried out by Lancashire Chief Constable Steve Finnigan into the Isle of Man Constabulary's response to the unprecedented spike of some 60, linked, domestic burglary offences in January and early February 2015 in which over £160,000 was stolen. I acknowledge that elements of the report may need to be redacted for operational reasons before report can be disclosed." Response to your request The Constabulary would like to add that at this time this series of crimes remains undetected and as such is still an open investigation. Since the commission of these offences and following on from the Peer review conducted by Lancashire, the Constabulary has acted upon the recommendations of the report and has seen developments in the specialist investigations area. The series was one which was unprecedented on the Isle of Man. Generally the Constabulary do not experience "volume" crime in the manner which it presented itself at that time. Nor has it experienced such levels since. As a learning organisation the review was requested to see if there Page 1 of 4 V'   INVESTORS
8 IN PEOPLE Champion - were any ways in which the Constabulary could develop. The Constabulary has implemented many of the recommendations of the peer review. I enclose a redacted copy of the information you requested in E mail as you requested and this is attached as: FOI IM104894I Report for response. The information has been redacted as certain exemptions are engaged, particularly, those in section 25, section 31 and section 32 of the Act. The application of these exemptions is explained below: Section 25-(2) Absolutely exempt personal data. While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because an exemption under section 25 (absolutely exempt personal information) applies. The reasons why that exemption applies are that: ,. The Isle of Man Constabulary is satisfied that the information amounts to personal data under the Data Protection Act 2002. };;a- The Isle of Man Constabulary is satisfied that disclosure of the information would contravene one of the data protection principles, namely that the Isle of Man Constabulary can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 and in this case, none of those conditions have been met. Section 31 Investigations and legal proceedings. In this instance some of the information is exempt from disclosure pursuant to section 31(1) of the Act as it is information held by the Isle of Man Constabulary for the purposes of any criminal proceedings that the public authority has power to conduct and an investigation, conducted by the Isle of Man Constabulary, that in the circumstances may lead to criminal proceedings being instituted. An exemption under section 31(2) (a) has also been applied, information that was obtained or recorded by the Isle of Man Constabulary for the purposes of its functions relating to an investigation that the Isle of Man Constabulary has a duty to conduct to ascertain whether a person should be charged with an offence or a person charged with an offence is guilty of it. As section 31 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. A summary of the reasons for these exemptions is referred to later within this letter. This is also presented with the prejudice test outlined below and includes the factors taken into consideration of those tests applied including the weighting in maintaining the exemption or releasing the information. Section 32 Law Enforcement. In this instance some of the information requested is exempt under section 32(1) of the Act, as disclosure would be likely to prejudice: " The prevention or detection of crime. ';, The apprehension or prosecution of offenders. )r The administration of justice. Page 2 of 4
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8 IN PEOPLE Champion -'-! Furthermore, some of the information requested is exempt under section 32(2) of the Act as disclosure would be likely to prejudice the exercise by the Isle of Man Constabulary of its functions in respect of ascertaining whether a person has failed to comply with the law. The purpose of this exemption is to protect any future investigation, to apprehend offenders and prosecute the and in the administration of justice. As section 32 is a qualified exemption it is subject of a public interest test. Factors in favour of disclosing the information include: , Open and transparent use of information. :;.. Better awareness of the problem - i.e. insecure properties may reduce crime or lead to more information from the public. ).- The public would be able to take steps to protect themselves and their property ;. Some information is already in the public domain ";> Satisfaction that the investigation was conducted properly. ).- Investigation was high profile. Factors in favour of maintaining the exemption include: ,. Detailed understanding of tactics, police numbers and operations may harm future operations. :i.- Increased fear of crime. :i.- Law enforcement tactics in respect of the specific and on-going operation would be revealed thus compromising tactics.

" In this case extensive media coverage followed the publication of the burglaries and a continuing publicity campaign raises the awareness of this offence as an issue. ";> A fear of crime may be realised in the release of an operation name which if continually referred to would raise the fear of such offences. -,. Right to a fair trial would be undermined. :i.- Hinder the prevention and detection of crime. ).> Future investigation would be prejudiced ,. Future law enforcement capabilities would be affected ,. By promoting this kind offence would lead to additional offences and thus a drain on police resources ;. May hinder the prevention and detection of crime - thus impacting on Police resources. ,. Undermine the Constabulary and the approach to crime reduction and prevention. In assessing the weight to be attributed to each of the factors in favour of disclosing the information maintaining the exemption, the Constabulary has taken the following into consideration. ,. The Constabulary has considered the impact of these crimes on the individual victims of the crimes and the Isle of Man public. ,. The impact on releasing the information to see the offence pattern be repeated and the impact of any similarly patterned or type of offence. " The rights of the public to know the information held in accordance with the Freedom of Information Act. ;. The fact that this is an undetected crime and as such is still potentially subject of investigation and potential judicial process in the future. Page 3 of 4
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8 IN PEOPLE Champion - In taking all of these factors into account the Isle of Man Constabulary determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to The Freedom of Information Officer, Isle of Man Constabulary, Dukes Avenue, Douglas, IM2 4RG. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; L Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested. In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner's website at www.inforights.im/. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. Freedom of Information Officer U' Page 4 of 4 8. ,, INVESTORS 't. 8 IN PEOPLE Champion - Peer Review of investigations within a series of Burglaries Peer Review of Burglary investigations Isle of Man Constabulary 1 Peer Review of investigations within a series of Burglaries Contents 1. Introduction 2. Terms of Reference 3. Previous peer review & recommendations (Feb 2015) - Burglary dwelling series 4. Review of investigations within burglary series (Operation-) 5. Review findings and conclusions 5.1 Minimum standards of investigation 5.2 Prevention 5.3 Media & Community Impact 5.4 Critical Incident 5.5 Professional Experience 5.6 Forensics 5.7 Telephony 5.8 Suspect/ Person of Interest/ TIE 5.9 Open Learning 5.10 Systems & Processes Appendices Appendix A Terms of Reference Appendix B Summary table entitled 'Information relating to 2015 burglaries' (Prepared by Isle Of Man Constabulary) 2 Peer Review of investigations within a series of Burglaries 1.0 Introduction 1.1 A Peer Review of burglary investigations within the Isle of Man Constabulary was requested by . This initial scoping review was subsequently undertaken by Detective Inspector-' Lancashire Constabulary. The review was given specific Terms of Reference (see Appendix A}. 1.2 The Isle of Man is a Crown Dependency, thus whilst having Queen Elizabeth II as its head of state, it retains its own government, taxation system and Police Service. The Isle of Man has a population of c.85,000, and a Police force of 212 officers. As with the United Kingdom police forces, its budget is being reduced and thus this review is seen as an opportunity to deliver efficiencies and improve services. 1.3 The island is possibly best known for its iconic TT motorbike festival that takes places in June each year. This attracts huge crowds from across Europe and stretches the forces resources to its limit. This is one of a number of operations that results in 'multi-hatting' for many of its officers and Police staff. 1.4 This review seeks to raise matters for consideration as opposed to making formal recommendations. 2.0 Terms of Reference 2.1 It is recognised that overall the island has a low crime rate. In the vast majority of cases crimes are investigated successfully with a satisfactory outcome. The Constabulary has excellent detection rates which are equally comparable to the best UK forces. 2.2 However, between January and early March 2015, the Isle of Man had a spate of over 50 burglary dwellings and attempts, predominately targeting cash and jewellery. At its peak burglaries were being reported almost daily and the investigation team struggled to cope with the level of information being collated from the public. This in turn led to a lack of clear intelligence and prioritisation of resources. 2.3 Public confidence suffered and the Constabulary recognised that despite the best of intentions the media strategy was not sufficiently clear and detracted from the investigation. 2.4 The Constabulary openly recognises that there is organisational learning to be achieved through a peer review. 3 Peer Review of investigations within a series of Burglaries 3.0 Previous peer review & recommendations (Feb 2015} - Burglary dwelling series 3.1 A previous peer review of investigative functions referenced a significant and sustained series of high value dwelling burglary that had occurred and not resulted in the apprehension and conviction of the offender(s}. The series had presented a challenge to Force and had risked undermining public confidence. Although this was not within the initial terms of reference, the review recommended the SMT may wish to consider inviting a peer review of this crime series The Investigative Functions review recommended the SMT may wish to consider a formal review of the Forensic evidence recovered from this crime series. The Investigative Functions review recommended the SMT may wish to consider a formal review of Burglary Dwelling Process (see Appendix B; and Appendix C Burglary Dwelling Actions for Consideration} - 4 Peer Review of investigations within a series of Burglaries 4.0 Review of investigations within burglary series (Operation-- 4.1 The review team were provided with a summary table entitled 'Information relating to 2015 burglaries' (Appendix B). This information lists 59 dwelling burglaries that occurred between 9 January and 11 March 2015 throughout the Isle of Man, but with the majority occurring predominantly around Douglas. 4.2 The burglaries occurred over two distinct periods. The first period occurred over a • • period 9th - 24th January which consisted of 42 offences (Operation -). The second period occurred over a period 23rd February - 11th March which consisted of 17 offences (Operation 4.3 The review team were presented with various crime reports, witness statements and crime scene examination reports relating to the burglary series. The review team reviewed documents relating to 24 offences, 18 from Operation - and 6 from Operation -2. 1 Crime Ref: Overview /MO •. -- 5 Peer Review of investigations within a series of Burglaries 6 Peer Review of investigations within a series of Burglaries 7 Peer Review of investigations within a series of Burglaries 10 Crime Ref: Forensic- 11 Crime R Overview- Action - •. -- 8 Peer Review of investigations within a series of Burglaries 15 Crime Ref: Overview /MO: •. -- 9 Peer Review of investigations within a series of Burglaries Witnesses: 10 Peer Review of investigations within a series of Burglaries Lines of enquiry: 11 Peer Review of investigations within a series of Burglaries 12 Peer Review of investigations within a series of Burglaries 13 Peer Review of investigations within a series of Burglaries

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