TfL Ref: FOI-0159-1718

Thank you for your email received by us on 22 April 2017 asking for information about written statements from Revenue Protection Inspectors (RPI).

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our Information Access Policy. I can confirm we do hold the information you require. You asked:

Please can you furnish me with three different examples per travel irregularity from past cases you have successfully prosecuted under the RORA 1889 in the past three years. I understand to remain compliant Inspector's personal information, and that of the defendant has to be omitted.

What I am after for each example case is the full written MG11 Statement where possible in WORD format, the Pocket Notebook entry of the inspector showing the interview, and any prosecution notes used in court.

The examples I am looking for are in the table below;

Legislation Section 5 (3) a Section 5 (3) b Section 5 (3) c

Offence Travel without Paying Fare Travel beyond distance False Details

Also please furnish in the same as the RORA 1889 cases, three further cases which relate to the following bylaw offences;

Bylaw 6 - unacceptable behaviour

Bylaw 18 - Ticketless Travel

Bylaw 20 & 21 - Forged tickets & Touting

Lastly please furnish in the same way as the RORA 1889 cases, three further cases which relate to fraud offences under the fraud act where season tickets have been forged. (I understand that a copy of the forgery can be witheld).

If any of the fraud cases have been audio taped, a copy of both the transcript and recording.

In accordance with the FOI Act we are not obliged to supply you with the information you requested as it is subject to a statutory exemption to the right of access to information under section 31(1)(a) and 31(1)(b) which exempt from disclosure information which would, or would be likely to prejudice the prevention or detection of crime and the apprehension or prosecution of offenders.

Pocket notebooks and witness statements form the basis of legal and judicial documents used as part of ongoing criminal proceedings. The documents are also used for the prevention and detection of crime. As such, the disclosure of any or all of the documents requested could prejudice the administration of justice. Whilst we make no suggestion that you would use this information for anything other than you own personal interest, disclosure of this information to you has to be regarded as a disclosure to ‘the public at large’. This information could potentially be obtained and utilised by individuals who may wish to use this information to evade paying their fare.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities, but in this instance as disclosure of this information would be likely to prejudice the administration of justice, it is considered that the public interest favours the use of the exemption.

Further, the pocket notebooks and witness statements contain personal and sensitive data about the relevant customer. Therefore in accordance with the FOI Act, we are not obliged to supply written statements from RPIs as it is subject to a statutory exemption to the right of access to information under section 40(2). This exemption to your right of access is applied in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA). The exemption applies because disclosure of written statements from RPIs would be a breach of the DPA, specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely,

Melissa Nichols

FOI Case Officer

FOI Case management Team

General Counsel

Transport for London