Arrests under the Psychoactive Substances Act 2016

Mark Wilding made this Freedom of Information request to Kent Police as part of a batch sent to 48 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 successful.

Dear Kent Police,

Please provide the number of arrests made under the Psychoactive Substances Act since May 2016, broken down by month and by the offence suspected of being committed. This information should be available by conducting a search of the NSPIS for CJS codes that begin with ‘PS160’.

Please also provide the number of these arrests where nitrous oxide was the substance in question. This information should be available by searching the above records for the following terms:

Laughing gas
Nitrous oxide
NOS
NO2
Canisters
Gas canisters
Balloons

Please provide the requested data in Excel format.

Yours faithfully,

Mark Wilding

Freedom of Information Kent, Kent Police

2 Attachments

Dear Mr Wilding,

 

FREEDOM OF INFORMATION REQUEST REF 18/04/452

 

Thank you for your request received by Kent Police on 9 April 2018
regarding psychoactive substances.

 

Unfortunately your request, as it stands, engages the cost exemption at
Section 12(1) FOIA. Section 12 provides an exemption from a public
authority’s obligation to comply with a request for information where the
cost of compliance is estimated to exceed the appropriate limit. The
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004 state that the appropriate cost limit is 18 hours in the
case of the Police Service.

 

The reason for this is that there is no arrest reason specific to arrests
made under the Psychoactive Substances Act, arrest data cannot be searched
by Act/Section or CJS codes within Kent. In order to retrieve the relevant
data we would need to manually review all non specific drug related arrest
reasons, for example “Drugs – Possession w/I to supply” and “drugs –
manufacture” in order to determine the drug in question. This would
greatly exceed 18 hours of work.

 

To assist you I would advise that you refine your request. We can report
on the number of notifiable crimes recorded instead of arrests? The
relevant notifiable offences are as follows:

 

+----------------------------------------------------------------------------------+
| | | |Victim| | | | | |
|Home | | | or | | | | | |
|Office| | Max |State | | |Offence | | |
|code |Mode|Sentence|Based |Class |Sub class |category|Offence |Act |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | |92C | |Psychoactive|
| | | | | | |Other |Produce a |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/41 | E | 7 | S |Offences|of drugs |offences|substance |4 (1) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | |92C | |Psychoactive|
| | | | | | |Other |Supply a |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/42 | E | 7 | S |Offences|of drugs |offences|substance |5 (1) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | |92C |Offer to |Psychoactive|
| | | | | | |Other |supply a |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/43 | E | 7 | S |Offences|of drugs |offences|substance |5 (2) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | | |Possess a | |
| | | | | | |92C |psychoactive|Psychoactive|
| | | | | | |Other |substance |Substances |
| | | | |Drug |Possession|drug |with intent |Act 2016 Sec|
|93/44 | E | 7 | S |Offences|of drugs |offences|to supply |7 |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | |92C | |Psychoactive|
| | | | | | |Other |Import a |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/45 | E | 7 | S |Offences|of drugs |offences|substance |8 (1) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | |92C | |Psychoactive|
| | | | | | |Other |Export a |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/46 | E | 7 | S |Offences|of drugs |offences|substance |8 (2) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | | |Possess a | |
| | | | | | |92C |psychoactive|Psychoactive|
| | | | | | |Other |substance in|Substances |
| | | | |Drug |Possession|drug |a custodial |Act 2016 Sec|
|93/47 | E | 2 | S |Offences|of drugs |offences|institution |9 (1) |
|------+----+--------+------+--------+----------+--------+------------+------------|
| | | | | | | |Fail to | |
| | | | | | | |comply with | |
| | | | | | | |a | |
| | | | | | | |prohibition | |
| | | | | | |92C |/ premises |Psychoactive|
| | | | | | |Other |order re |Substances |
| | | | |Drug |Possession|drug |psychoactive|Act 2016 Sec|
|93/48 | E | 2 | S |Offences|of drugs |offences|substances |26 (1) |
+----------------------------------------------------------------------------------+

 

 

Please advise whether you would agree with this?

 

Your request will be placed on hold awaiting your response.

 

Your interest in Kent Police is appreciated and pending your response, I
enclose a sheet, which summarises your rights. Should you have any further
inquiries concerning this matter, please write or contact us via the
following telephone numbers 01622 654429/654413/652304 quoting the
reference number above.

 

Yours sincerely,

 

Charlotte Woolsey

Freedom of Information Team

Kent Police

 

 

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

Dear Ms. Woolsey,

Thank you for your suggestion, I would be grateful if you could provide figures for the number of notifiable crimes recorded.

Yours sincerely,

Mark Wilding

Freedom of Information Kent, Kent Police

1 Attachment

Dear Mr Wilding,

 

Thank you, your request has been refined to:

 

Please provide the number of offences recorded under the Psychoactive
Substances Act since May 2016, broken down by month and by the offence
suspected of being committed.

 

Please also provide the number of these offences where nitrous oxide was
the substance in question. This information should be available by
searching the above records for the following terms:

 

Laughing gas

Nitrous oxide

NOS

NO2

Canisters

Gas canisters

Balloons

 

The Freedom of Information Act 2000 (FOIA) provides that a public
authority respond to an FOI request within 20 working days. Please be
aware that we are experiencing very high request volumes and while we will
endeavour to complete your request as soon as possible it is likely that a
response may well be delayed.

 

Kind regards,

 

Freedom of Information Team

Kent Police

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

Freedom of Information Kent, Kent Police

2 Attachments

Dear Mr Wilding,

 

With reference to the Freedom of Information request that we received from
you on 9 April 2018, please find attached the response letter and
accompanying appendix.

 

Should you have any queries relating to this then please do not hesitate
to contact us.

 

Yours sincerely,

 

Freedom of Information Team

Kent Police

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

Dear Kent Police,

Thanks for your response. I'm unable to see the appendix you refer to - has this been attached?

Yours faithfully,

Mark Wilding

Freedom of Information Kent, Kent Police

3 Attachments

Dear Mr Wilding,

Apologies, it would seem the information was not attached.

We have attached the response and appendix within this email.

Kind regards,

Freedom of Information Team
Kent Police
This email and any other accompanying document(s) contain information from Kent Police and/or Essex Police, which is confidential or privileged. The information is intended to be for the exclusive use of the individual(s) or bodies to whom it is addressed. The content, including any subsequent replies, could be disclosable if relating to a criminal investigation or civil proceedings. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this information is prohibited. If you have received this email in error, please notify us immediately by contacting the sender or telephoning Kent Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

Dear Freedom of Information Kent,

No problem - thanks for providing.

Yours faithfully,

Mark Wilding