FOI Public Order Offences (560-2024/25)

Request

Between January 2024 - March 2024, please can I have a breakdown of the following:

Q1(a).How many crimes for Section 5 Public Order Act (CCCJS Code: PU86149. HO Code: 125/12) which were recorded as state based offences (Rex offences) were closed?

Q1(b). Of those crimes closed, how many were closed with no record of a notification provided to an informant or witness prior to closure?

Q2(a). How many crimes for Section 127(1) Communication Act (CCCJS Code: CA03005 and CA03006. HO Code: 196/07) which were recorded as state based offences (Rex offences) were closed? To be broken down by CCCJS Code, if possible.

Q2(b). Of those crimes closed, how many were closed with no record of a notification provided to an informant or witness prior to closure?

Q3. What is the force’s policy on providing updates to witnesses and/or informants regarding state based offences (Rex offences)?

Q4. What is the force’s policy on informing or updating witnesses and/or informants regarding the closure of a state based offences (Rex offences)?

Q5. Is there a requirement for updates to be provided to a witness and/or informant regarding the investigation of state based offences (Rex offences)?

Q6. Is there a requirement to update a witness and/or informant prior to the closure of a state based offence (Rex offence)?

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.

 

Q1a. We have no crimes recorded during that time for the code 125/12.

Q1b. N/A

Q2a. We have no crimes recorded during that time for the code 196/07.

Q2b. N/A

I have provided the number of closed public order offences recorded by North Yorkshire Police from 01 January 2024 to 31 March 2024, recorded as state based offences which is 89.

The types of offences are listed below. I am exempting the number of each offence pursuant to Section 40(2) Personal Information. Please see the exemtion explanation below.

Affray

Breach a sexual risk order/ risk of sexual harm order etc. or fail to comply with requirement under Sec 122c(4)

Breach of Criminal Behaviour Order. Sec 30(1) Anti-social Behaviour, Crime and Policing Act 2014

Breach of non-molestation order

Breach SHPO/ Interim SHPO/ SOPO/ Interim SOPO/Foreign travel order or fail to comply with a requirement under Sec 103D (4) in relation to a SHPO

Committing or conspiring to commit, an act outraging public decency

Communicating false information alleging presence of a bomb

Fail to comply with notification requirements of Section 108(1)

Intentionally/recklessly cause a public nuisance. 

Offences in relation to notification requirements

Other Offences Against the State or Public Order 

Publishing or distributing written material(acts inteded to stir up religious hatred)

Racially/ religiously aggravated harrassment/ alarm/ distress

Use of words or behaviour or display of written material (acts inteded to stir up religious hatred)

Q3 – Q6. The information you have requested is published on the North Yorkshire Police website under the following link

Code of Practice for Victims of Crime in England and Wales (Victims' Code) - GOV.UK

I have therefore decided to exempt providing you with a response to Q3, 4, 5 & 6 pursuant to Section 21 Freedom of Information Act 2000 (the Act). Please see the exemtion explanation below.

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 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 – 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.