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

Ryan Jarvis made this Freedom of Information request to Cleveland Police as part of a batch sent to 39 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

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, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
mail will be deleted unactioned.

 

For Legal please forward your e-mail to
[1][email address] and for Subject Access please
check the Subject Access section of the Cleveland Police website under the
heading of ‘Advice and Information’ or forward your e-mail to
[2][email address] for all other
enquiries please contact Cleveland Police via 101.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Freedom of Information, Cleveland Police

Enquiry ref: 12081-20

I acknowledge receipt of your enquiry received by this office on 13th July.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 11th August. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

However 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.

Please note the ‘working day’ is defined as any day other than a Saturday, Sunday or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely

Mrs M Johnson
Freedom of Information Decision Maker
Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

Freedom of Information, Cleveland Police

Dear Mr Jarvis,

Enquiry Ref: 12081/2020

I write in connection with your request for information dated 11th July 2020 and received by this office on 13th July 2020. Below are the questions raised in your request and our response.

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.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

Having made enquiries with the Custody Management Team regarding your request we have been advised that the information requested is not something that can be retrieved from our system without the manual retrieval and reading of each custody record. The custody record is a template used by multiple forces that cannot be tailored to suit an individual force. As such a custody record has generic sections to be completed, questions are asked of the arrested person during the risk assessment which is where Autism would be identified if not already known. It is estimated that to provide this data would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours. This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken.
Therefore, please treat this as a refusal notice under S17 of the Freedom of Information Act.

However we can advise that;
Cleveland custody have invested in providing a safe environment for those on the autism spectrum. Measures include, a vulnerability booking in suite, to afford quiet and privacy and low staff numbers. Cells away from the general population, again to bring calm and quiet. A named staff member assigned to the individual to ensure continuity of care and familiarity. Staff have received autism awareness training, to spot the signs, to be able to put the individual at ease as much as possible.

Please note any statistical data supplied in relation to Freedom of Information requests is a snapshot of data held at the time the request was received by the Freedom of Information office and is subject to constant change/updates.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

We have made every effort to ensure a response was provided within statutory deadlines, however due to current circumstances delays have been unavoidable. If your response was late we apologise for any inconvenience it may have caused. If we can be of any further assistance please do not hesitate to contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections