De-arrest statistics

The request was refused by Avon and Somerset Constabulary.

Dear Sir or Madam,

I have noticed a number of reports in the press regarding people
being arrested and then later de-arrested.

In some of these cases the impression given is that the police are
using arrest/de-arrest as a 'convenient' and simple way of
temporarily removing people from a location and detaining them for
a time with out genuine due cause.

I would like details of de-arrests nationally over the past (say)
year, showing the time, police officer, geographic location and
reason for the original arrest and the time, location and
justification of the de-arrest. Can you tell me what information
you hold that could assist me with this?

Also any information that you have collated yourselves regarding
the use of de-arrests.

Yours faithfully,

Paul Perrin

Dear Sirs,

A response to my FoI request is now overdue, this puts the Avon and Somerset Constabulary in breach of the law.

I expect my request to be responded to immediately, and an internal review to be instigated to document the failures of the Avon and Somerset Constabulary, and the action taken against the staff that have failed in their legal duty.

Yours sincerely,

Paul Perrin

#Freedom of Information Requests, Avon and Somerset Constabulary

1 Attachment

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private
Mr P Perrin
[[FOI #9223 email]] Our Reference 09/168
Your reference
Date 14 April 2009

Dear Mr Perrin

I write in connection with your request for information dated 11^th March
concerning de-arrest statistics. I would firstly like to apologise that
your response in relation to your request is returned to you later than
the 20 working days outlined in the Act. Your request for information had
to be submitted to various different departments around the force and
unfortunately not all responses were received in relation to your request
prior to the bank holiday weekend.

However your request has now been considered and I am unable to supply the
information you have requested as to do so would exceed the fees limit
outlined by the Freedom of Information Act 2000.

Where exemptions are relied upon, 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.

Avon and Somerset Constabulary do not hold a central record of individuals
de-arrested, if an officer de-arrests an individual they must record the
full details of this in their pocket note book. Therefore in order to
provide a response to your request, every officer’s pocket note book
would need to be examined to ascertain whether in 2008 they had
de-arrested an individual. As the force has in excess of 3000 officers,
the cost of providing you with the information is above the amount to
which we are legally required to respond i.e. the cost of locating and
retrieving the information exceeds the “appropriate level” as stated
in the Freedom of Information (Fees and Appropriate Limit) Regulations
2004. It is estimated that it would cost at least £450 to comply with
your request.

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

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).

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