FOI Murders (0247-2022/23)
Request
1) The number of murders recorded for each of the following calendar years:
2017
2018
2019
2020
2021
2022 up until 31 May 2022 included
2) For each murder please could you provide the following details:
a)The recorded date of the offence (month and year)
b) Whether the murder is ‘solved’ or ‘unsolved’
c) The ‘officer observed ethnicity’ of the victim
3) For the murders which remain unsolved please provide the name of the victim.
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.
Question 1 & 2a: The table below shows the total number of murders recorded by North Yorkshire Police between 1 January 2017 to 31 May 2022, broken down by month and year. Please note any additional information to that provided below is exempt pursuant to section 30 Freedom of Information Act 2000 (the Act) - Investigations. Please see the exemption explanation below.
|
North Yorkshire Police Data Total number of murders reported to NYP from 01.01.2017 to 31.05.2022 broken down by month and year. |
|||||||
|
Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
Total |
|
January |
1 |
|
|
|
|
1 |
|
|
February |
|
|
1 |
|
|
|
|
|
March |
1 |
1 |
|
|
|
1 |
|
|
April |
1 |
|
|
1 |
|
|
|
|
May |
|
|
|
|
1 |
|
|
|
June |
|
|
|
|
|
|
|
|
July |
|
|
|
|
1 |
|
|
|
August |
|
|
|
|
|
|
|
|
September |
|
1 |
|
|
|
|
|
|
October |
|
|
3 |
|
1 |
|
|
|
November |
|
|
|
|
|
|
|
|
Decebmer |
1 |
|
|
1 |
3 |
|
|
|
Total |
4 |
2 |
4 |
2 |
6 |
2 |
20 |
Question 2b: North Yorkshire Police consider a crime ‘solved’ when an offender has been charged, however if the offender is found not guilty at trial the case will revert back to ‘unsolved’. Furthermore, if an offender is found guilty but later appeals the verdict successfully the case will revert from solved to unsolved. Due to this, the figure for solved and unsolved murders remains fluid.
Some of the requested information relating to the above murders is available at the links below, and therefore I have decided to exempt providing you with a separate response pursuant to Section 21 Freedom of Information Act 2000 (the Act).
I have decided to exempt information not in the public domain pursuant to section 38(1)(a) – Health and Safety and section 40(2) – Personal Information. Please see the exemption explanations below.
Exemption Explanation
I am required by law to identify the relevant parts (the exemptions) of the Freedom of Information Act 2000 (the Act) that I have considered when reaching this decision, and I must also explain why these apply.
Section 21 – Information Reasonably Accessible by Other Means
Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.
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)).
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. 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 38(1)(a) – Health and Safety
Section 38 is a qualified, prejudice-based exemption, which again requires that I conduct a public interest test and evidence the harm in releasing such information.
Overall Harm for Section 38
Releasing additional information relating to the murders identified above would be likely to endanger the physical and mental health of those close to the victims. Releasing the details would bring back the accounts of any incidents and memories of the deceased, which may be distressing for them. The information may also be subject to infringement of privacy by interested parties, such as the media, other members of the public and “trolls”, as online technology allows people globally the opportunity to comment in real time on such events, sometimes anonymously. Similarly, disclosure of details alongside a local knowledge could place the those involved at a direct risk of reprisals from others in the community, including those related to or acquainted with any other individuals involved. Therefore, the relatives and friends of the victims, or even those associated to any of the cases, may be subject to unwarranted attention.
All of the above would publicly resurrect traumatic events, which would present a risk to physical and mental health of all those involved.
Section 30(1)(a) – Investigations and proceedings conducted by public authorities
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.
This exemption applies because the information you have requested is only held for the purposes of an investigation into ascertaining whether a person/persons should be charged with an offence.
Public Interest Test
Reasons for Disclosure under Section 38 and Section 30(1)(a)
There is legitimate public interest in knowing the total number of murders and whether an alleged offender has been arrested and investigated.
The police service is publicly funded therefore there is general public interest in how the police spend this money to promote public safety and investigate crime.
Reasons against Disclosure under Section 38 and Section 30(1)(a)
The investigation, and any proceedings arising from it, would be prejudiced.
Disclosure could hinder the prevention and detection and crime, as any suspect’s actions not aware they were being investigated would be altered due to police interest in them.
The release of information could identify specific methods the police take to locate suspects, giving individuals’ tactics to evade the police.
Releasing such personal information into the public domain where details have not been previously released would be unfair to those involved as it may cause them distress.
Cases that have a sensitive and emotive nature, releasing the information to the wider public would present as a real and significant risk to physical and mental wellbeing.
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.