Arrests relating to Misconduct in a Public Office

Fiona Techini made this Freedom of Information request to Cleveland Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Cleveland Police,

I am writing to request the below information be released under the provisions of The Freedom of Information Act 2000:-

1.) Between 01st January 2010 - 31st December 2019, how many individuals have been arrested for Misconduct in a Public Office contrary to common law?
2.) Can you please provide in a table the occupation of each respective individual within the response to question 1
3.) What was the disposal method for each of the arrests in the response to question 1?

With regards to the requested data, would it be possible to provide a response to the three questions in three respective columns - column A lists the date of arrest, column B represents the occupation of the detained person and column C illustrates the disposal method

With thanks in advance

Yours faithfully,

Fiona Techini

Freedom of Information, Cleveland Police

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Freedom of Information, Cleveland Police

Dear Ms Techni,

Enquiry Ref: 12040/2020

I acknowledge receipt of your request for information dated 25th June 2020 and received by this office on 26th June 2020

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 27th July 2020. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Please note: 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, a 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,

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]

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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.

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Freedom of Information, Cleveland Police

Dear Ms Techini,

Enquiry Ref: 12040/2020

I write in connection with your request for information dated 25th June 2020 and received by this office on 26th June 2020. Below are the questions raised in your request and our response.

1.) Between 1st January 2010 - 31st December 2019, how many individuals have been arrested for Misconduct in a Public Office contrary to common law?
a) We have made enquiries within the force and can advise you that within the timescale of your request, using Home Office code 099/12 - Misconduct in a public office by act or omission and the arrests recorded we have identified 3 such arrests since this crime came into being in 2011.

2.) Can you please provide in a table the occupation of each respective individual within the response to question 1
a) To provide such a breakdown could, if put with other information you may hold or obtain from another source, lead to the identification of a person or persons which would be a breach of GDPR and the Data Protection Act.

3.) What was the disposal method for each of the arrests in the response to question 1?
2 x Charged/Summonsed, 1 x Police - formal action not in public interest

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Sec1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec1 (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.

Section 40(2) Personal Information

Section 40 is an absolute exemption, which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test.

By way of explanation to you I would point out the following: Under subsection 2 of Section 40 of The Freedom of Information Act, information is exempt information if it constitutes personal information of which the applicant is not the data subject. In order to be considered exempt personal information, the information must satisfy one of two conditions. It must either be information which would be exempt from disclosure to the data subject under the provisions of the Data Protection Act 1998, or disclosure of the information would contravene any of the Data Protection Principles or cause damage or distress to the data subject.

On this occasion the information requested is clearly personal information and would contravene the first principle of the General Data Protection Regulation (GDPR) - lawfulness, fairness and transparency, what are the likely expectations of the data subjects, in that would they expect the Cleveland Police to release personal details to the world, since release of information under The Freedom of Information Act 2000, is release to the world at large and not just to the individual applicant and as such I believe to do so would amount to unfair processing and hence therefore is exempt under Section 40(2)(a).

Section 40 of the Freedom of Information Act 2000 is a class based and absolute exemption. This indicates that the legislators when writing this piece of legislation considered that the release of this type of information would cause harm to either the authority or the individuals involved.

Disclosure, at this moment in time, it is our opinion that for these issues the balance test for confirmation or denial is not made out.
No inference can be taken from this refusal that any other information requested does or does not exist.

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.

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