FOI Offender Terminology (340-2024/25)

Request

Q1. Does North Yorkshire Police have any policy or written guidance on when to use the word perpetrator in relation to a person who has been accused of an offence but NOT charged or convicted?

Q2. Or is there a policy or written guidance in relation to how a person is referred to when accused of committing an offence eg: suspect, offender, nominal?

Where an arrest results in no convictions, charges, warnings, reprimands or otherwise. The reviewing officer records in the crime record ""no evidence against the suspect""

Q3. Would / Could North Yorkshire Police make a formal warning to the local council, naming the offences leading to arrest and states these were ""perpetrated by xxxx"" and therefore reason for the warning.

Q4. What do police mean by ""Perpetrated"". CPS identifies it is a person convicted or charged Domestic Abuse | The Crown Prosecution Service (cps.gov.uk)

Q5. Does forensic data (fingerprints and DNA) have to be maintained for 10 years if there is concern about the suspect?

Q6. If police intentionally destroy it does this indicate their belief about the suspect's innocence?

Q7. Can a crime be substantiated only by the act of an arrest occurring?

Q8. Are PNC warning markers evidence or are they for operational use only?

Q9. [REDACTED INFORMATION]

Q10. [REDACTED INFORMATION]. Should Police have told me it had been made and would the PIN have impact on the 'investigation?

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. No

Q2. No

Q3. No information held

Q4. No information held

Q5. No – someone who is not charged with an offence is entitled to have their biometric data destroyed.

Q6. No information held

Q7. No

Q8. Operational use only , although convictions linked to markers can be adduced in evidence in certain circumstances.

Q9. This part of your request is not valid pursuant to Section 8 of the act. Please see the exemption explanation below.

Q10. No information held - North Yorkshire Police have not issued PIN’s since 2018.

Exemption Explanation

In order for a request to be valid under Section 8(1)(c) of the Freedom of Information Act, the request must ‘clearly describe the information being sought’, and refer to ‘records capable of recovery in any form’. This can be ‘recorded information held in written records, typed, handwritten, emails etc’. The request you have submitted does not ask for specific information, instead, it asks for an opinion.

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.