FOI 0650-2024/25- Sexual offences 2016-2023

Request:

Clarification

Crime outcome date and Officer identified ethnicity, or the ethnicity which has the most recorded data i.e less unknown fields (I would presume it would be officer for this, but if not do self-identified).

Original request

Q1. The number of rape or attempt rape offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by ethnicity (White, Black, Asian, Other, Unknown) of suspect and the number of suspects per offence.

Q2. The number of rape or attempt rape offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by self-defined ethnicity (White British offenders, Asian: Indian, Pakistani and Other) of suspect and the number of suspects per offence.

Q3. The number of rape or attempt rape offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by ethnicity (White, Black, Asian, Other, Unknown) of suspect and the number of suspects per offence, where the victim was white.

Q4. The number of rape or attempt rape offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by self-defined ethnicity (White British offenders, Asian: Indian, Pakistani and Other) of suspect and the number of suspects per offence, where the victim was white.

Q5. The number of sexual offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by ethnicity (White, Black, Asian, Other, Unknown) of suspect and the number of suspects per offence.

Q6. The number of sexual offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by self-defined ethnicity (White British offenders, Asian: Indian, Pakistani and Other) of suspect and the number of suspects per offence.

Q7. The number of sexual offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by ethnicity (White, Black, Asian, Other, Unknown) of suspect and the number of suspects per offence, where the victim was white.

Q8. The number of sexual offences with a charge outcome from 01 January 2016 to 31 December 2023, broken down by self-defined ethnicity (White British offenders, Asian: Indian, Pakistani and Other) of suspect and the number of suspects per offence, where the victim was white.

Response:

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.  

Decision

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

I have disassociated the tables pursuant to section 40(2) – Personal Information. This is to refrain from particular incidents becoming identifiable and consequently the personal details of any persons involved being disclosed. Please see the exemption explanation below.

Q1, Q2, Q5 & Q6. Please see the table below showing the distinct number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where an offender is linked to the crime, broken down by crime type.

Q1 & Q5. Please see the table below showing the number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where an offender is linked to the crime, broken down by officer defined offender ethnicity.

Q2 & Q6. Please see the table below showing the number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where an offender is linked to the crime, broken down by offender self defined ethnicity.

Q3, Q4, Q7 & Q8. Please see the table below showing the distinct number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where a victim is linked to the crime with an with an ethnicity of 1. White - North European or 2. White - South European, broken down by crime type.

Q3 & Q7. Please see the table below showing the number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where a victim is linked  to the crime with an with an ethnicity of 1. White - North European or 2. White - South European, broken down by officer defined offender ethnicity.

Q4 & Q8. Please see the table below showing the number of sexual offence crimes with an outcome of charged/summonsed with an outcome date between 01 January 2016 to 31 December 2023 where a victim is linked is linked to the crime with an with an ethnicity of 1. White - North European or 2. White - South European, broken down by offender self defined ethnicity.

*Please note the offender counts are higher as some crimes have multiple offenders and that offender can can be charged with more thatn one offence.

Exemption Explanation

Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.

In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.  In this instance, personal information can only be disclosed to the individual concerned. 

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.