Cannabis arrests, cautions and charges

The request was refused by Essex Police.

Dear Essex Police,

This request relates to the following offences set out in the Misuse of Drugs Act 1971:
i. Possession of Cannabis - s.5(1) of the Act;
ii. Possession of Cannabis with intent to supply - s.5(3) of the Act.

1. For each of these two offences separately, please supply the following data broken down by each year a) 2004, b) 2005, c) 2006, d) 2007, e) 2008 and f) 2009 g) 2015 h) 2016:
a) The total number of individuals arrested by your force
b) The total number of individuals cautioned by your force
c) The total number of individuals charged by your force

Yours faithfully,

matt ford

Data FOI Essex,

Your email has been received and will receive attention.

 

Please note however that this Team is currently experiencing a high volume
of requests and delays in response may occur. Unless your email is
re-directed elsewhere we aim to respond within 20 working days.

 

Please see the Essex Police website for more information about the Force,
and what this team does:  [1]https://www.essex.police.uk/

 

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email to [2][email address]

 

For non-emergency calls to Essex Police please use the 101 telephone
number. In the case of an emergency, please dial 999.

 

Data Protection & Freedom of Information
Information Management
Corporate Services
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

 

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)
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any disclosure, copying, distribution or other use of the contents of this
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please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.

References

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Data FOI Essex,

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Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days. The Act does not specify a limit to the number of information requests a public authority may receive or the number of requests or questions an applicant may submit. However, there are exemptions in the Act that can apply and these include where the cost of complying with the request would extend beyond the reasonable cost limit, (currently 18 hours or £450), or if the request is otherwise manifestly unreasonable in its scope or nature.

Requests that ask a great many questions, or a number of detailed requests submitted at the same time, may make it necessary for Essex Police to refuse the requests wholly or in part. The exemption at s14 may be engaged if the burden on the authority is increased through multiple requests on differing subjects

The Information Commissioner’s Office (ICO) has responsibility for providing oversight and guidance for the legislation and they have produced advice for applicants on submitting effective requests. Further information can be found on the Commissioner’s website at www.ico.gov.uk specific information relating to submitting a request can be found at: https://ico.org.uk/for-the-public/offici...

While we process your request, please take the time to consider the ICO’s advice and whether you feel it may be beneficial to amend or refine your request. Our team is happy to discuss your request with you and will be able to provide advice as to what kind of information will be available from Essex Police.

Debra Harrington
Information Officer (Wed – Fri)
Data Protection & Freedom of Information
Information Management
Corporate Services
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

Internal extension 150027
External Dial 101 then ext.150027
Data Protection / FOI Team direct dial: 01245 452647
Fax: 01245 452256 Internal 150045
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk

Working hours: Wed – Fri 8:00 - 16:00,

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Data FOI Essex,

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

 

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.

 

In respect of your enquiry:

 

This request relates to the following offences set out in the Misuse of
Drugs Act 1971:

i. Possession of Cannabis - s.5(1) of the Act; ii. Possession of Cannabis
with intent to supply - s.5(3) of the Act.

 

1. For each of these two offences separately, please supply the following
data broken down by each year a) 2004, b) 2005, c) 2006, d) 2007, e) 2008
and f) 2009 g) 2015 h) 2016:

a) The total number of individuals arrested by your force

b) The total number of individuals cautioned by your force

c) The total number of individuals charged by your force        

 

Having completed my enquiries I am able to respond as follows:

In respect of Sec 1(1)(a), Essex Police does hold some information
relating to your request.

 

When responding to a request for information under the terms of the
Freedom of Information Act, a public authority is not obliged to provide
information if the authority estimates that the cost of the retrieval of
the information requested would be in excess of £450 (equivalent to 18
hours work). The costs criteria relates to a request in its entirety,
which means that if we cannot retrieve all of the information requested
within the costs limit, we are not obliged to retrieve any of the
information requested.

 

 Section 12(1) of the Freedom of Information Act states that a public
authority is not obliged to:

“…comply with a request for information if the authority estimates that
the cost of complying with the request would exceed the appropriate
limit.”

 

We have difficulty in answering your request as Essex Police does not hold
this information in a readily accessible format.  Before 2007, cannabis
was not a specified search field on our arrest data system, and therefore
to provide all the details requested accurately would entail a manual
review of each incident received to see which substance was involved. 
Such an exercise would extend beyond the reasonable amount that a public
authority is required to expend in responding to a request under the
Freedom of Information Act, as set out in the Data Protection and Freedom
of Information (Fees and appropriate Limit) Regulations 2004, which
currently stands at £450 or eighteen hours. 

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide this part of the information you have requested under the
provisions of section 12(1) of the FOI Act. Therefore, and in accordance
with section 17(1) of the Act, this communication must act as a refusal
notice to provide all of the information that could be interpreted as
being captured by this part of your request.

 

Section 16 (1) of the FOIA provides that a public authority is required to
provide advice and assistance.  Should you wish to reword your request, we
would be able to supply data for the number of arrests from 2007 onwards,
and we are able to supply data for both cautions and charges for the dates
that you have specified in this request. 

 

We look forward to hearing from you in due course, should you wish to
re-submit your request.  Thank you for your interest in Essex Police.

 

Kind regards

 

 

Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Corporate Services

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:Data[Essex Police request email]

Fax: 01245 452256 (int: 150045)

Non Emergency Telephone Number: 101 

 

[1]Corporate Services Logo

If you require further information or wish to submit a request, please
refer to the information found on the Commissioner’s website regarding
submission of effective requests
[2]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [3]data[Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

            

If you are still dissatisfied following our review, you have the right
under section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [4]https://ico.org.uk/

 

 

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