FOI 0166-2024/25- Child drug offences

Request:

Q1. The number of children (aged under 18) arrested on suspicion of drug offences in 2021, 2022, 2023.

Q2. The number of children (aged under 18) arrested on suspicion of being in possession of a controlled drug with intent to supply in 2021, 2022, 2023.

Q3. Can you provide the age of the youngest child arrested, the illegal drug caught in their possession, the location of the arrest and gender for 2021, 2022 and 2023.

For questions 1., 2., and 3. can the data be categorised in calendar years please.

Q4. Can you list the three most common illegal drugs caught in possession of children in 2021, 2022, 2023.

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 under 18’s arrested for drug offences between 01 January 2021 to 31 December 2023, broken down by calendar year.

Calendar Year	Arrest Count
2021	118
2022	76
2023	92
Total	286

Q2. Please see the table below showing the total number of under 18’s arrested on suspicion of being in possession of a controlled drug with intent to supply between 01 January 2021 to 31 December 2023, broken down by calendar year.

Calendar Year	Arrest Count
2021	53
2022	38
2023	56
Total	147

Q3.  Of all missuse of drug offence arrests recorded between 01 January 2021 to 31 December 2023 where the offender is aged under 18. The youngest child arrested was a 12 year old male. This arrest related to a cannabis offence. I am exempting the specific location this relates to pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.

Q4.  Cannabis, Cocaine and Heroin.

Please note where the name of the drug is recorded with the offence name i.e. Possess a controlled drug of Class B - cannabis (recordable) it has been included within the above, however this can also be recorded as ‘other’ where the name of the drug is not stated  i.e. Possess a controlled drug of Class A - Other (recordable) to establish the specific drugs these were in relation to, would require a manual review and thus triggering a S12 exemption.

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

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.