FOI Arrests - Animal Welfare Act (0458-2024/25)

Request
For the years 2020, 2021, 2022, 2023, and 2024 (up to the present day), I request data on arrests made under or in relation to The Animal Welfare Act. Specifically, I am seeking the following details:

1. Total Number of Arrests: The total number of arrests made under or related to The Animal Welfare Act for each of the specified years.

2. Animal Involved: Please specify the type of animal(s) involved in each incident (e.g., dog, cat, horse, farm animals, etc.).

3. Type of Crime Committed: A detailed description of the crime committed in each case (e.g., neglect, mutilation, poisoning, illegal sale, theft, etc.).

4. Geographical Location: If possible, please provide the geographical location (e.g., city, county, or police jurisdiction) where the arrest was made.

5. Outcome of the Arrest: Please specify the outcome of the arrest, if available (e.g., charges filed, conviction, acquittal, ongoing investigation, etc.).

6. Additional Notes: Any other relevant information or context regarding the arrests, such as notable cases, if available.

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.

Please see below the relevant information relating to your request.  In relation to tables b) c) d) and e) I have disassociated some of the data to exempt the yearly breakdown 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 exemption information below.

Q1. Please see below the number of individuals (only) arrested during 1 January 2020 to 3 September 2024.

Q2. Please note that the below data has been obtained by undertaking a manual read of the arrest notes/MO remarks for each custody record.  The type of animal is not mandatorily recorded and as a result, some of this information is not held.

*Please note an offence may have more than one animal involved/recorded.

Q3. Please see below a breakdown of the type of crime committed.

Q4.  Please see below the location relevant to each arrest.

Q5. Please see below the crime outcome.  Please note that the total figure for outcomes differs from the data provided above as there is one outcome where the arrest took place before 1 January 2020. 

Exemption Information

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) Personal information
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 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.