FOI 0508-2024/25- Under 16 driving offences

Request:

Q1. Please provide a breakdown of the number of young people (aged 16 and under) who have been caught driving without a licence in your force area for the last five financial years, broken down by year. (01 April  – 31st March, 2019/2020, 2020/2021, 2021/2022, 2022/2023, 2023/2024)

Q2. Please provide, if possible, the figures for each age group where applicable i.e. nine, ten, eleven, twelve, thirteen etc, also broken down by gender.

Q3. Please provide, if possible, the outcome of each case.

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.

Q1. Please see the table below showing the total number of children aged 16 or under arrested between 01 April 2019 to 31 March 2024 for drive a motor vehicle otherwise than in accordance with a licence - endorsable or non-endorsable offence, broken down by financial year.

Q2. Please see the table below showing the total number of children aged 16 or under arrested between 01 April 2019 to 31 March 2024 for drive a motor vehicle otherwise than in accordance with a licence - endorsable or non-endorsable offence, broken down by gender and age. I am exempting the yearly financial breakdown of each and 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.

Q3. Please see the table below showing the total number of children aged 16 or under arrested between 01 April 2019 to 31 March 2024 for drive a motor vehicle otherwise than in accordance with a licence - endorsable offence or non-endorsable offence, broken down by arrest disposal. I am exempting the breakdown of financial year of these arrest disposals pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.

*Please note that you can have two of the same offences linked to the same custody record with different disposals because they’re linked to different occurrences.

I am exempting any other information to this request pursuant to section 30 (Investigations). Please see the explanation below.

Exemption Explanation

Section 40 – 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 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

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 S30

Reasons for Disclosure

Better awareness may reduce crime

The public have an interest in understanding how the police investigate crime.

There is legitimate public interest in knowing how public funds are spent.

Reasons against Disclosure

Law enforcement tactics would be compromised.

The force’s future law enforcement capabilities would be affected.

Disclosure could hinder the prevention and detection and crime, as any offenders could potentially take measure to avoid detection.

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.

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.