warrants issued for breach of probation licence conditions

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private
Mr A Plough
[FOI #14460 email]
Our Reference 09/400
Your reference
Date 10 July 2009
Dear Mr Plough

Thank you for your request for information dated 9^th July, relating to
Warrants. This request will be dealt with under the terms of the Freedom
of Information Act 2000.

Your request will now be considered and 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 Avon and Somerset Constabulary 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 choose not to make a 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.

I would like to take this opportunity to thank you for your interest in
Avon and Somerset Constabulary.

Yours sincerely,

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note;

1. Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.
3. Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review
procedure (copy enclosed).

<<A&S Appeals Procedure - E-Mail.doc>>

Mrs Kathy Ford

Corporate Information Management Department

PO Box 37, Valley Road, Portishead, Bristol BS20 8QJ

Telephone 01275 816183 Facsimile 01275 814565

Office Hours: 8 am - 4 pm

Our Ref: 09/400 09 October 2009

Private

Mr Plough

[FOI #14460 email]

Dear Mr Plough

Request for Information under the Freedom of Information Act 2000 - 09/400

I write to apologise for the delay in providing you with a response to
your Freedom of Information request that you sent to Avon and Somerset
Constabulary.

I can reassure you that it is receiving attention and currently my Freedom
of Information Officer is collating the relevant information in order that
a response can be provided to your request.

Yours sincerely

K Ford

Mrs Kathy Ford

Head of Corporate Information Management Department

E-mail address: [email address]

Avon and Somerset Constabulary

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private

Alexander Plough
[FOI #14460 email] Our Reference 09/400
Your reference
Date 26 October 2009

Dear Mr Plough

I write in connection with your request for information dated 9th July
2009 concerning arrest warrant statistics in relation to breach of
probation licence conditions.

Please note, "Arrest Warrants" are not issued for breach of probation
licence conditions. These are actually called "Revocation Orders" and are
authorised by the Home Secretary and not issued by a court. However, they
do provide a power of arrest for police officers to deal with such
offenders. As such, under Section 16 of the act - duty to provide advice
and assistance, I have provided information held by the Constabulary where
applicable in relation to revocation orders and I have also provided links
to information that can be easily accessed.

Most of the information sought has already been published and can be found
in the PDF document provided below via the appropriate links supplied. In
addition, the Ministry of Justice have also indicated a further intention
to publish additional data which is also captured by the request. Please
see a copy of the announcement by Jack Straw on the 6th July 2009 below:

[1]http://www.justice.gov.uk/news/announcem...

<<licence-recall-statistics-notice.pdf>>

Please note that section 17 of the Freedom of Information Act 2000
requires Avon and Somerset Constabulary, 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.

(1) In the last 5 years, how many warrants for arrest have been issued for
an individual who has broken their probation licence conditions?

This refers to Revocation Orders which are already published. Please refer
to the attachment provided as under Section 21 of the act - information
readily available elsewhere, this information can be found there.

(2) Out of this figure, how many were considered high priority, and/or
considered to pose a risk of harm to others?
These are actually classified as emergency recalls and this number was
broken down in the written ministerial statement and also forms part of
the Ministry of Justice intention to publish. This is exempted under
Section 22 of the act - Information intended for future publication.

(3) Out of the total number of warrants issued per year, as stated in
answer to (1), how many of those individuals have been re-arrested?

Under Section 21 of the act - information readily available elsewhere,
this information can be found in the attachment provided.

(4) Out of the warrants considered high priority, as stated in the answer
to (2), how many of those individuals have been re-arrested?

Emergency recalls form part of the Ministry of Justice intention to
publish. This is exempted under Section 22 of the act - Information
intended for future publication.

(5) Out of the total number of warrants issued, as stated in the answer to
(1), how many of those individuals have re-offended while a warrant for
their arrest was active?

Reoffending rates are part of the Ministry of Justice intention to publish
which will be broken down into Emergency and Standard recalls. This is
exempted under Section 22 of the act - Information intended for future
publication.

(6) Out of the total number of warrants issued, as stated in the answer
to (2), how many of those individuals have re-offended while a warrant for
their arrest was active?

Reoffending rates are part of the Ministry of Justice intention to publish
which will be broken down into Emergency and Standard recalls. This is
exempted under Section 22 of the act - Information intended for future
publication.

(7) Referring to the individuals stated in answer in question (5), what
crimes have they committed while a warrant for their arrest was active?

(8) Referring to the individuals stated in answer in question (6), what
crimes have they committed while a warrant for their arrest was active?

In relation to questions 7 and 8 above, it would appear from the
information held that a small number of individuals have been recalled due
to committing a further crime. By way of assistance (Section 16 of the act
- duty to provide advice and assistance) the reasons for the individuals
being recalled has also been provided for your information below.

Reason for Recall

Out of touch x 3

Other

Fail to attend/reside x 8

Behaviour x 3

Loss of accommodation

Burglary further charge

Abscond from prison

(9) Please provide the following information about any individual who is
the subject of a warrant for arrest for breaking their probation licence
conditions, but who has not yet been re-arrested: * names, ages and last
offence for which they received a custodial sentence.

Names will not be disclosed under the Freedom of Information act as this
is deemed to be personal information relating to an individual who is not
the applicant themselves. The exemption applicable to the information is
Section 40 (2), third party personal information, this is an Absolute
exemption. Any information to which a request relates is exempt if it
constitutes personal data of which the applicant is not the data subject
and if disclosure of that information to a member of the public would
contravene any of the principles of the 1998 Data Protection Act. In this
particular case, disclosure of this information would contravene
Principles 1 and 2 of the Act, whereby personal data shall be processed
fairly and lawfully and only obtained for one or more specified purpose or
purposes.

Ages of individuals and the last offence for which they received a
custodial sentence.
Age Offence

36 Drugs offences

27 Possession of offensive weapon

61 Customs and Excise evasion

31 Possession of firearm

20 Drugs offences

45 Burglary

29 Drugs offences

29 Arson

41 Possession of drugs

56 Forgery

25 Robbery

26 Robbery

29 Robbery

41 Driving under the influence

39 Abscond from open prison

28 Assault occasioning ABH

22 Robbery

55 Burglary

I would like to take this opportunity to apologise for the delay in
providing you with a response and to thank you for your interest in Avon
and Somerset Constabulary.

Yours sincerely

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note:

1. Requests and responses may be published on Avon and Somerset
Constabulary's website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.
3. Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review
procedure (copy attached).

<<A&S Appeals Procedure - E-Mail.doc>>

References

Visible links
1. http://www.justice.gov.uk/news/announcem...