Warrants - 420/12
Dated: 07 Jun 2011
Date of request: 11/05/2012
Date of response: 24/05/2012
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 11 May 2012 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
I would like to submit a freedom of information request as to warrants out for arrest.
How many are there and for what offences? Where possible could I also have the individual's details.
We have now had the opportunity to fully consider your request and I provide a response for your attention.
Following receipt of your request, searches were conducted with the Criminal Justice Department of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police, however some of this information will not be disclosed.
Please see the document attached below which provides details of the date issued and the offences for each outstanding Fail to Appear warrant, as of 11 May 2012.
The names of the individuals subject to an outstanding Fail to Appear warrant, which have previously been released into the public domain, are available via a previous FOI request. Therefore, as this information is accessible by other means, I have not provided you with a copy of the information and will rely on Section 21 of the Freedom of Information Act 2000. You should therefore consider this a refusal for your request.
I have provided an explanation to this exemption below.
Section 21 (1) - Information accessible by other means
Information which is reasonably accessible to the applicant is exempt information.
Information that answers these part of your request are freely available from the Northumbria Police website via the Disclosure Log. In order to assist I have provided the relevant link below:-
The names of the individuals, subject to an outstanding Fail to Appear warrant, that have not previously been released into the public domain will not be disclosed. In withholding this information we will rely on the following exemption.
Section 40 (2) - Personal Information
Section 40 (2) is a class based absolute exemption and there is no requirement to consider the public interest in disclosure. That being said where Section 40 (2) is engaged in order to make the exemption absolute there needs to be evidence that a data protection principle would be breached by disclosure. In this case it would not be fair to disclose information which identifies an individual. Therefore, the first principle of the Data Protection Act would be breached.
In a previous decision notice issued by the Information Commissioner to Sussex Police relating to disclosing an individual’s personal conviction data the ICO stated:
“… to reveal to the whole public whether someone was subject to a court case would be unfair. He does not feel that releasing sensitive personal data into the public domain will be fair unless there are exceptional circumstances. He considers that there is a general and reasonable expectation that if someone was to appear in court that the information would not be released to the public domain…”
You should consider this to be a refusal under Section 17 of the Act for this part of your request.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.
DownloadsFOI Complaint Rights Procedure_tcm4-28029