FOI Public Order Act (0696-2024/25)
Request
I would like data on all arrests and charges under the Public Order Act 2023 from 3 May 2023 to the present day. For each and every arrest, I would like the following information:
Q1. The date of arrest
Q2. The offence under which they were arrested
Q3. If the person was later charged, and if so what with
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.
Q1. There were 22 arrests made under the Public Order Act 2023 in the period 3 May 2023 to 14 November 2024. All arrests were made on the dates 8 and 9 August 2024.
Q2. I am exempting this information pursuant to Sections 30 (Investigations) and Section 40(2) (Personal information) of the Freedom of Information Act 2000 (the Act). Please see exemption explanation below.
Q3. No charges have been made (investigations ongoing).
Exemption Explanation
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 30 - Investigations
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
Public Interest Test - Section 30
Reasons for Disclosure
Releasing the information would give the public an understanding on what types of offences are being committed, as well as knowing how public funds are spent.
Reasons against Disclosure
Releasing information around the types of offences committed would undermine the approaches of the investigations and may affect the indivudals rights to a fair trial.
Balancing Test
After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
Section 40(2) - Personal information
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 part of 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.