FAQ Details
Driving Licences - 860/11
Dated: 29 Nov 2011
Date of request: 01/11/2011
Date of response: 29/11/2011
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 1 November 2011 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:
What process is followed by Northumbria Police when an application for restoration of driving licence is received from an individual who has previously been disqualified from driving? Please provide all policy/procedure documents used by Northumbria Police in this regard.
How many applications for restoration of driving licence have been dealt with by Northumbria Police for each of the past 3 years - 2010, 2009, 2008 and so far in 2011?
If Northumbria Police make representations in such cases, how are such cases allocated, who (i.e. which role) is responsible for providing representations and on what basis are such representations formulated? Please provide any policy/procedure/guidance documents used by Northumbria Police in this regard.
In how many of the cases dealt with under question 2 above were representations made on behalf of Northumbria Police?
In how many of the cases dealt with under question 2 above were the applications successful?
In each of the cases dealt with under question 2 please provide an overview of the representations made.
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 Criminal Justice Department of Northumbria Police. I can confirm that the information you have requested is held, in part, by Northumbria Police.
I have decided to disclose the located information to you in as follows.
1 & 3. There is no policy/procedure document regarding this administrative process. The application is made through the courts under S42 of the Road Traffic Offenders Act 1988. The court will inform the police and the Crown Prosecution Service (CPS) of the application. The Officer in Charge (OIC) of the original case or a representative from Operations Support (should the OIC no longer be available) will prepare a report for the CPS documenting any objection to the restoration of the driving licence. The CPS also has the opportunity to raise such an objection. A court hearing is then held and a decision made depending on the arguments presented as to whether the driving licence will be restored.
2, 4, 5 & 6. No information held. This information is not recorded.
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
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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.