Deaths in Custody

Dear Ms Mercer

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI2368/1

I write in connection with your request for information dated 21st
February 2010 which was received on 22nd February 2010.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances West Mercia Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you chose not to make payment then your request will remain
unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely

Mrs SJ Cale
Information Compliance Assistant

Information Compliance Unit

Information Management & Technology Department

West Mercia Police

PO Box 55

Hindlip

Worcester

WR3 8SP

01905 331545 / 331565

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Dear Ms Mercer
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 2368
I write in connection with your request for information received on 22nd
February 2010.
I regret to inform you that West Mercia Police has not been able to
complete its response to your request within the 20 working days . I can
assure you that every effort will be made to ensure an appropriate
response will be made as soon as possible.

Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely
Miss R Forrest
Information Compliance Unit
Information Management and Technology Department
West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner's written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.

Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
telephone the person named at the end of your decision letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of Information
request. Complaints should be made in writing and addressed to:

West Mercia Police Headquarters
Information Management and Technology Department
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
In all possible circumstances, WMP will aim to respond to your complaint
within 2 months.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at [1]www.informationcommissioner.gov.uk
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700

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Dear Ms Mercer
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 2368
I write in connection with your request for information which was received
on 2010. Please find below the response to your request:

1) How many deaths in custody have occurred in the last 5 years?

REPLY: Your request for information for financial years 2005/06,
2006/07,2007/08 and 2008/09 has now been considered and I am not obliged
to supply the information you have requested.

Section 17 of the Freedom of Information Act 2000 requires West Mercia
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.

The exemption applicable to the information is:

Sec 21. Information Reasonably Accessible by Other Means
This is an Absolute, class based exemption.
The information that you require is published by the IPCC and can be found
by logging onto:
[1]http://www.ipcc.gov.uk/index/resources/r...

Your request for information for financial year 2009/10 has also been
considered and I am not obliged to supply the information you have
requested.

Section 17 of the Freedom of Information Act 2000 requires West Mercia
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.

The exemption applicable to the information is:

Section 22 Information intended for future publication.

Section 22 of the Freedom of Information Act is a qualified and
class-based exemption. As such, I am obliged to apply the public interest
test.

Public Interest Test:

Factors favouring disclosure:

There are no factors favouring disclosure. This information is due to be
published by the IPCC and will be available using the website link
provided above

Factors favouring non-disclosure:

* Existing procedures - it would not be in the public interest for
Freedom of Information to be used to obtain information which is
already available, or will be made available, under existing
procedures.

Balancing Test:

The public interest test is centred on whether this information should be
released to the world so that any person can view this information, not
just you as a requestor.

The information requested is published as a matter of course once it has
been properly compiled and verified. Researching, retrieving and releasing
this information prior to the completion of this process would not benefit
the core purpose of policing i.e. preventing or detecting crime and
preservation of life.

In accordance with the Act, this letter represents a Refusal Notice for
this part of the request.

2) Which station was responsible for each person who died? (Eg.Bromley: X
deaths. Brixton: Y deaths. Etc.)
REPLY: The definitions as stated in the IPCC`s publication `Deaths during
or following police contact. Statistics for England and Wales` are as
follows:

1. Road traffic fatalities include deaths of motorists, cyclists or
pedestrians arising from police pursuits, police vehicles responding to
emergency calls and other police traffic-related activity.

2. Fatal shootings include fatalities where police officers fire the fatal
shots
3. Deaths in or following police custody includes deaths of people who
have been arrested or otherwise detained by the police. It includes deaths
which occur while a person is being arrested or taken into detention. The
death may have taken place on police, private or medical premises, in a
public place or in a police or other vehicle.

This would include the following:
o Deaths which occur during or following police custody where injuries
which contributed to the death were sustained during the period of
detention.

o Deaths which occur in or on the way to hospital (or other medical
premises) following or during transfer from police custody.

o Deaths which occur as a result of injuries or other medical problems
which are identified or develop while a person is in custody.

o Deaths which occur while a person is in police custody having been
detained under Section 136 of the Mental Health Act 1983 or other
legislation.

4. Other deaths following police contact includes deaths where a link can
be established between the police contact and the death, and which did not
involve arrest or other detention.

This would include the following:
o Deaths which occur after the police are called to attend a domestic
incident which results in a fatality.
o Deaths which occur while a person is actively attempting to evade
arrest. This includes instances where the death is self-inflicted.

o Deaths which occur when the police attend at a siege situation,
including where a person kills himself or someone else.

o Deaths which occur after the police have been contacted following
concerns about a person's welfare and there is some concern about the
nature of the police response.

Deaths falling under the above definitions occurred in the following force
areas. Please note that the stations or the officers from these force
areas were not necessarily responsible for the deaths of the individuals.

Shrewsbury
Redditch
West Mercia Police Headquarters
Tenbury Wells
Ledbury
3) How many members of the public are served by the police stations where
deaths occurred?
REPLY: There is no specific recorded information held regarding the
population size served by each West Mercia police station and we would not
know if persons situated within West Mercia attended the station most
local to them. However, Information about the population size for the
whole West Mercia police force area can be found by logging onto our
internet site [2]www.westmercia.police.uk and entering `The West Mercia
environment` in the search bar facility

In addition we can advise that:
Shrewsbury is in Shropshire Division. There are a total of 18 police
stations that serve the population of Shropshire, which is approximately
293,000. A map of police stations in Shropshire can be found at
[3]http://www.westmercia.police.uk/contact-...

Redditch is in North Worcestershire Division, which serves the boroughs of
Bromsgrove, Wyre Forest and Redditch. There are 8 stations in North
Worcestershire Division, serving a population of approx 271,000.
[4]http://www.westmercia.police.uk/contact-...

Headquarters is located in South Worcestershire Division, but is a
non-operational site, mainly providing administration support to the
Force. It does not have a front counter service and does not provide a
direct service to the public.

Tenbury Wells is in South Worcestershire Division. There are a total of 8
stations in South Worcestershire, serving 286,000 people.
[5]http://www.westmercia.police.uk/contact-...

Ledbury is in Herefordshire Division, and is one of 8 stations in the
county. The population of the Division is 179,000.
[6]http://www.westmercia.police.uk/contact-...

Please note that the population figures used above are from mid-2008. 

Every effort has been made to ensure that the response provided is as
accurate as possible
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely
Miss R Forrest
Information Compliance Unit
Information Management and Technology Department
West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner's written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.

COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.

Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
telephone the person named at the end of your decision letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 2 months of the date of its response to your Freedom of Information
request. Complaints should be made in writing and addressed to:

West Mercia Police Headquarters
Information Management and Technology Department
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
In all possible circumstances, WMP will aim to respond to your complaint
within 2 months.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at [7]www.informationcommissioner.gov.uk
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545700

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