Arrest and Charge Statistics for detained persons/defendants who have ASD.

The request was refused by Northumbria Police.

Hello [Authority name],

I am writing to you in accordance with the Freedom of Information Act 2000 to request the following information from [Authority name]:

1) the number of people arrested within your force area over the last 12 months for

a) sexual offences,
b) violent offences and
c) other dangerous offences

and whom

a) disclosed having an Autistic Spectrum Disorder upon arrest and/or at the time of their detention in custody being authorised AND
b) were charged with a criminal offence.

In an attempt to clarify and make our request clear, I can confirm that the disclosure request relates to those individuals who have declared or it has been established that they have or are on the Autistic Spectrum in some capacity.

Please provide the information in the form of an excel, word, and/or pdf document where possible, however, if it is easier to send via postal mail, we are happy to receive such to our postal address of Conviction, 7 Bell Yard, London, WC2A 2JR.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how we can refine our request.

If you can identify any ways that our request could be refined we would be grateful for any further advice and assistance.

If you have any queries please don’t hesitate to contact me via email or letter and I will be very happy to clarify what we are asking for and discuss the request, my details are outlined below.

Thank you for your time and I look forward to your response.

Best wishes,

Ryan Jarvis
Founder
For and on behalf of Conviction

Email: [email address]
Address: 7 Bell Yard, London, WC2A 2JR

This e-mail is intended for the recipient only. Access to this message by any other person is not permitted. If you are not the intended recipient you must not use, disclose, distribute, copy, print, or rely upon this e-mail. If an addressing or transmission error has misdirected this e-mail, please notify the author by replying to this e-mail.

Recipients should note that all e-mail traffic on Conviction systems is subject to monitoring and auditing.

Freedom of Information Mailbox, Northumbria Police

Freedom of Information Act 2000 (FOIA)

 

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold in accordance with the
Freedom of Information Act 2000.

 

We are in the process of dealing with your request and a response should
be provided to you by 10 August 2020 which is in accordance with the
legislation.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Yours sincerely

 

Information Management Unit

[1]www.northumbria.police.uk | [2]www.northumbria-pcc.gov.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
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message in error, please notify the sender by e-mail at once and delete
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Freedom of Information Mailbox, Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

 

Thank you for your email dated 11 July 2020 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 at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.

 

You asked:

 

The number of people arrested within your force area over the last 12
months for

 

1.sexual offences,

2. violent offences and

3. other dangerous offences

 

and whom disclosed having an Autistic Spectrum Disorder upon arrest and/or
at the time of their detention in custody being authorised AND were
charged with a criminal offence.

 

In an attempt to clarify and make our request clear, I can confirm that
the disclosure request relates to those individuals who have declared or
it has been established that they have or are on the Autistic Spectrum in
some capacity.

 

 

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

 

Information Commissioners Office (ICO) guidelines state that:

A public authority must confirm or deny whether it holds the information
requested unless the cost of this alone would exceed the appropriate
limit.

I can neither confirm nor deny that the information you require is held by
Northumbria Police as to actually determine if it is held would exceed the
permitted 18 hours therefore Section 12(2) of the Freedom of Information
Act would apply. This section does not oblige a public authority to comply
with a request for information if the authority estimated that the cost of
complying with the request would exceed the appropriate limit of 18 hours,
equating to £450.00

 

You should consider this to be a refusal notice under Section 17 of the
Act for your request.

 

I have set out the reasons for this below.

 

There is no way to establish if any arrested person had disclosed they had
an Autistic Spectrum Disorder upon arrest without reviewing each instance
of arrest for the time period requested. There were over 20,000 violent
and sexual offences recorded in the time period  01/08/2019 to
31/07/2020.  Each of these would require a manual review to establish if
at any point of arrest a person had declared having ASD.  Even at a
conservative estimate of 3 minutes per record, this has been estimated as
exceeding 1000 hours, therefore S12(2) is applicable.

Its not known what you refer to by ‘other dangerous offences’, however
this would just add further to the time anyway, as would a check of
custody records to establish if anything was held there.

 

When applying Section 12 exemption our duty to assist under Section 16 of
the Act would normally entail that we contact you to determine whether it
is possible to refine the scope of your request to bring it within the
cost limits. However, from the information we have outlined above I see no
reasonable way in which we can do so.

 

 

Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.

 

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.

 

You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.

 

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.

 

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.

 

The Disclosure Log will be updated once responses have been sent to the
requester.

 

I have provided the relevant link below.

 

[1]https://beta.northumbria.police.uk/about...

 

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, attached.

 

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.

 

Yours sincerely

 

 

 

Michael Cleugh

Data Protection and Disclosure Advisor

 

[NOT PROTECTIVELY MARKED]

 

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

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