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Request
Q1. Please tell me the number of people aged 70 or older who were arrested in each of the last three CALENDAR years: a) 2020 b) 2021 c) 2022 to date.
Q2. For each year, please provide a breakdown of each arrest, detailing a) the sex of the suspect b) the age of the suspect c) the offence for which the suspect was arrested.
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.
Response
Decision
I have today decided to disclose the located information to you.
Q1. Please see the below table which shows the number of people arrested who are aged 70 and over, broken down by year.
2020 |
2021 |
2022 |
Total |
115 |
112 |
102 |
329 |
Q2. Please see the below table which shows the number of people arrested who are aged 70 and over, broken down by year and gender.
Gender |
2020 |
2021 |
2022 |
Male |
100 |
100 |
94 |
Female |
14 |
12 |
8 |
Not Recorded |
1 |
0 |
0 |
Grand Total |
115 |
112 |
102 |
Please see the below table which shows the number of people arrested who are aged 70 and over, broken down by year and age.
Age |
2020 |
2021 |
2022 |
70 – 75 |
86 |
72 |
60 |
76 – 80 |
22 |
30 |
32 |
81 – 85 |
4 |
9 |
5 |
86 – 90 |
2 |
0 |
2 |
91 – 95 |
1 |
0 |
0 |
Over 96 |
0 |
1 |
3 |
Total |
115 |
112 |
102 |
Please see the below table which shows the number of people arrested who are aged 70 and over, broken down by offence. I am exempting providing an annual breakdown Pursuant S40(2) of the Freedom of Information Act. Please see exemption explanation below.
Arrest Reason |
Number |
Abstract / use without authority electricity (recordable) |
1 |
Acquire / use / possess criminal property (recordable) |
3 |
Act of outraging public decency - common law (recordable) |
1 |
Adult meet a girl under 16 years of age following grooming (recordable) |
1 |
Adult sexual activity with a female child family member under 13 - penetration (recordable) |
1 |
Affray (recordable) |
12 |
Air weapon - possession with intent to cause fear of violence (recordable) |
1 |
Arrest by a constable as unlikely to surrender to custody - breach of bail conditions |
1 |
Arrest by a constable as unlikely to surrender to custody - breach of bail conditions - this is not an offence |
2 |
Arrest by a constable for breaking / likely to break bail conditions - duty to surrender into the custody of a court |
7 |
Assault a female 13 and over by penetration with part of body / a thing - SOA 2003 (recordable) |
1 |
Assault a girl under 13 by touching - SOA 2003 (recordable) |
2 |
Assault a person thereby occasioning them actual bodily harm (recordable) |
12 |
Assault by beating (recordable) |
67 |
Assault by beating of an emergency worker (recordable) |
4 |
Attempt rape of a girl under 13 - SOA 2003 (recordable) |
1 |
Attempt sexual assault on a male person (recordable) |
1 |
Attempt to cause / incite a boy aged under 13 to engage in a penetrative sexual activity - offender aged under 18 (recordable) |
1 |
Bind over - commit breach of the peace |
4 |
Breach a non-molestation order - Family Law Act 1996 (recordable) |
2 |
Breach a sexual risk order / risk of sexual harm order etc (recordable) |
1 |
Breach of a domestic violence protection order |
3 |
Breach sexual harm prevention order (recordable) |
2 |
Breach SHPO / interim SHPO / SOPO / interim SOPO / foreign travel order (recordable) |
3 |
Carry on a regulated activity when not an authorised / exempt person (recordable) |
1 |
Cause / incite a female child under 13 to engage in sexual activity - offender 18 or over - penetration (recordable) |
2 |
Cause / incite a girl 13 to 15 to engage in sexual activity - offender 18 or over - penetration (recordable) |
2 |
Cause / incite a girl under 13 to engage in sexual activity - no penetration (recordable) |
1 |
Cause / incite prostitution for gain - SOA 2003 (recordable) |
1 |
Cause administer poison / noxious thing with intent to injure / aggrieve / annoy (recordable) |
1 |
Cause serious injury by dangerous driving (recordable) |
1 |
Common assault (recordable) |
18 |
Common assault of an emergency worker (recordable) |
3 |
Conceal / disguise / convert / transfer / remove criminal property (recordable) |
1 |
Concerned in production of a controlled drug of Class B - cannabis (recordable) |
1 |
Conspire to outrage public decency (recordable) |
1 |
Criminal damage to property valued under £5000 (recordable) |
10 |
Distribute an indecent photograph / pseudo-photograph of a child (recordable) |
1 |
Drive a motor vehicle otherwise than in accordance with a licence - endorsable offence |
3 |
Drive a motor vehicle otherwise than in accordance with a licence - non-endorsable offence |
1 |
Drive a vehicle whilst unfit through drugs (recordable) |
1 |
Drive motor vehicle when alcohol level above limit (recordable) |
35 |
Drive whilst disqualified (recordable) |
1 |
Drive whilst unfit through drink (recordable) |
5 |
Drunk and disorderly in a public place (recordable) |
5 |
Engage in activity requiring a licence when not a licensee |
1 |
Engage in controlling / coercive behaviour in an intimate / family relationship (recordable) |
8 |
Engage in sexual communication with a child (recordable) |
2 |
Enter into / concerned in acquisition / retention / use or control criminal property (recordable) |
2 |
Exposure - SOA 2003 (recordable) |
3 |
Fail to comply with condition of shotgun certificate (recordable) |
1 |
Fail to co-operate with a preliminary test - motor vehicle offence (recordable) |
6 |
Fail to provide specimen for analysis - vehicle driver (recordable) |
5 |
Fail to stop a mechanically propelled vehicle when required by constable / traffic warden |
1 |
False imprisonment (recordable) |
1 |
Fraud by false representation - Fraud Act 2006 (recordable) |
3 |
Harassment - breach of a restraining order on conviction (recordable) |
15 |
Harassment - put in fear of violence (recordable) |
4 |
Harassment without violence (recordable) |
13 |
Have custody / control of thing designed to make counterfeit note - Forgery and Counterfeiting Act 1981 (recordable) |
1 |
In charge of motor vehicle - alcohol level above limit (recordable) |
2 |
Indecent assault on a girl under the age of 14 years (recordable) |
1 |
Indecent assault on a girl under the age of 16 years (recordable) |
1 |
Indecent assault on boy under the age of 14 years (recordable) |
1 |
Indecent assault on boy under the age of 16 years (recordable) |
1 |
Intentional strangulation (recordable) |
2 |
Intentional suffocation (recordable) |
1 |
Intimidate a witness / juror (recordable) |
1 |
Make indecent photograph / pseudo-photograph of a child (recordable) |
5 |
Mental Health Act - Place of safety |
1 |
Offender 18 or over cause / incite a girl 13 to 15 to engage in sexual activity - no penetration - SOA 2003 (recordable) |
2 |
Offender 18 or over cause / incite a girl under 13 to engage in sexual activity - no penetration - SOA 2003 (recordable) |
1 |
Offender 18 or over engage in non penetrative sexual activity with girl 13 to 15 - SOA 2003 (recordable) |
1 |
Pass as genuine a thing knowing it was a counterfeit of a currency note - Forgery and Counterfeiting Act 1981 (recordable) |
1 |
Permit taking of indecent photo / pseudo-photograph of a child (recordable) |
1 |
Persistently make use of public communication network to cause annoyance / inconvenience / anxiety (recordable) |
1 |
Possess a controlled drug of Class B - cannabis (recordable) |
1 |
Possess a firearm without a certificate (recordable) |
2 |
Possess an imitation firearm in a public place - Firearms Act 1968 (recordable) |
1 |
Possess an offensive weapon in a public place (recordable) |
3 |
Possess an offensive weapon in private place (recordable) |
1 |
Possess extreme pornographic image / images portraying an act of intercourse / oral sex with a dead / alive animal (recordable) |
1 |
Possess indecent photograph / pseudo-photograph of a child (recordable) |
2 |
Possess knife blade / sharp pointed article in a public place - Criminal Justice Act 1988 (recordable) |
1 |
Possess prohibited ammunition - military equipment (recordable) |
2 |
Possess to show / distribute - indecent photograph / pseudo-photograph of a child (recordable) |
6 |
Prevent lawful and decent burial of a dead body (recordable) |
1 |
Produce controlled drug of Class B - cannabis (recordable) |
1 |
Public Nuisance - indecent exposure (recordable) |
4 |
Racially / religiously aggravated fear / provocation of violence by words / writing (recordable) |
1 |
Racially / religiously aggravated intentional harassment / alarm / distress - words / writing (recordable) |
1 |
Rape a female under 16 (recordable) |
2 |
Rape a girl under 13 (recordable) |
1 |
Rape a woman 16 years of age or over - SOA 2003 (recordable) |
9 |
Rape of a boy under 13 - SOA 2003 (recordable) |
1 |
Recall to prison after release on licence which is revoked |
3 |
Record image under clothing to observe another without consent (recordable) |
1 |
Require person to perform forced or compulsory labour (recordable) |
1 |
Section 18 - grievous bodily harm with intent (recordable) |
1 |
Section 18 - wounding with intent (recordable) |
3 |
Send by public communication network an offensive / indecent / obscene / menacing message / matter (recordable) |
4 |
Sex offenders register - fail comply with notification requirements - SOA 2003 (recordable) |
2 |
Sexual assault on a female (recordable) |
10 |
Sexual assault on a male (recordable) |
2 |
Stalking involving fear of violence (recordable) |
1 |
Stalking involving serious alarm / distress (recordable) |
1 |
Stalking without fear / alarm / distress (recordable) |
7 |
Supply a controlled drug of Class A - Other (recordable) |
1 |
Take an indecent photograph / pseudo-photograph of a child (recordable) |
1 |
Theft from a shop (recordable) |
2 |
Theft from the person of another (recordable) |
1 |
Theft of motor vehicle (recordable) |
1 |
Threat to damage / destroy property (recordable) |
1 |
Threats to kill (recordable) |
11 |
Use a motor vehicle on a road / public place without third party insurance |
2 |
Use threatening / abusive / insulting words / behaviour to cause harassment / alarm / distress (recordable) |
2 |
Use threatening / abusive / insulting words / behaviour with intent to cause fear of / provoke unlawful violence (recordable) |
3 |
Use threatening / abusive words / behaviour likely to cause harassment, alarm or distress (recordable) |
2 |
Warrant |
13 |
Wilfully obstruct a highway with an non motor vehicle |
1 |
Wound / inflict grievous bodily harm without intent (recordable) |
2 |
Total |
438 |
Exemption Explanation
I am exempting providing you with the annual breakdown of the arrest reasons pursuant to Section 40(2) Freedom of Information Act (the Act). This is to ensure anonymity for those involved in each case. I have, however, provided other details relating to investigations to assist in your request, but maintain the elimination of any identification.
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(4) of the Act this letter also acts as a refusal notice in relation to the duty to confirm or deny.
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.