Policing sex work

The request was partially successful.

Hello,

I’m a reporter with Newsquest’s Data Investigations Unit and I’m currently researching
the policing of sex work.

With that in mind, I’d be grateful if you could provide as full an answer as possible to the questions below. If the questions need refining in order for you to provide that response, please also assist as far as you are able in suggesting appropriate rephrasing.

If you believe the cost/time limit may be exceeded in the carrying out of this request, please prioritise most recent years and work backwards to provide the information requested until you hit the cost/time limit.

With the above in mind, I would like to know:

1. How many arrests the force has carried out in relation to sex work/prostitution offences, including but not limited to:

• Loitering or Soliciting for Prostitution
• Keeping a Brothel
• Paying for Sexual Services
• “Kerb Crawling”
• Advertising - Placing of Adverts in Telephone Boxes
• Advertising - Placing of Advertisements in Newspapers
• Exploitation of Prostitution - Causing or Inciting Prostitution for Gain: Section 52 Sexual Offences Act 2003
• Controlling Prostitution for Gain: Section 53 Sexual Offences Act 2003
• Trafficking for Sexual Exploitation: Section 2 Modern Slavery Act 2015
• Sexual Exploitation of Children
• 'Sex for Rent’ Arrangements and Advertisements

For each offence description listed, I would like to know the number of arrests for each year, broken down for 2015/16/17/18/19 respectively.

2. For each arrest, I would like to know the following:

a. The outcome of the investigation
b. The gender of the person arrested, their age and nationality
c. Whether the arrest resulted in a referral to immigration authorities/officers
d. Where the arrest did result in a referral to immigration authorities, what the outcome of that investigation was

For questions 1 and 2, please provide the answer in an xlsx format, with column headings as follows:

Force Name – Year - Offence Description – Investigation Outcome – Gender of Arrested Person - Age - Nationality – Immigration Referral Y/N – Outcome of Immigration Referral

3. How many operations/raids/crackdowns has the force carried out in relation to issues around sex work/trafficking/prostitution? Please provide for each year between 2015-2019:

a. The date of the operation and its name
b. The purpose of the operation
c. The number of arrests as a result of the operation and what those arrests were for
d. How many officers were involved in carrying out the operation

Please provide information for question 3 in a separate worksheet within the same Excel document with column headings as follows:

Force Name – Year – Date of Operation – Name of Operation – Purpose of Operation – No of Arrests – No of Officers

4. How many PSPOs/ASBOs/FPNs has the force issued (or being involved in the issuing of) in relation to sex work between 2015-2019? For each instance, please breakdown what the orders were issued for and what the terms of them were, in a separate worksheet as follows:
Force Name – Year – PSPO or ASBO – Terms – Amount requested in fines or FPNS

6. Which external charities/support agencies or organisations does the force refer/signpost sex workers to?

Yours faithfully,

Joanna Morris

Freedom of Information, Cleveland Police

This mailbox is for Freedom of Information requests only and all other
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References

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Freedom of Information, Cleveland Police

Enquiry ref: 10937-19

I acknowledge receipt of your enquiry received by this office on 21st May.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 19th June. 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 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.

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

Telephone: 01642 306825 & 01642 306832

Website | Facebook | Twitter | Instagram | LinkedIn

Public Service | Transparency | Impartiality | Integrity

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 Ms Morris

 

Enquiry Ref: 10937-19

 

I write in connection with your request for information received in this
office on 21st May.   I note you seek the following:

 

1. How many arrests the force has carried out in relation to sex
work/prostitution offences, including but not limited to:

 

•             Loitering or Soliciting for Prostitution

•             Keeping a Brothel

•             Paying for Sexual Services

•             “Kerb Crawling”

•             Advertising - Placing of Adverts in Telephone Boxes

•             Advertising - Placing of Advertisements in Newspapers

•             Exploitation of Prostitution - Causing or Inciting
Prostitution for Gain: Section 52 Sexual Offences Act 2003

•             Controlling Prostitution for Gain: Section 53 Sexual
Offences Act 2003

•             Trafficking for Sexual Exploitation: Section 2 Modern
Slavery Act 2015

•             Sexual Exploitation of Children

•             'Sex for Rent’ Arrangements and Advertisements

a)  Below are the arrests for the following years:

 

+------------------------------------------------------------------------+
|Offences |2015|2016|2017|2018|2019|
|-----------------------------------------------+----+----+----+----+----|
|Cause / incite prostitution for gain |1 |1 |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|Control prostitution for gain |1 |  |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|Permit premises to be used for prostitution |  |1 |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|Person persistently loiter for the purposes of |3 |2 |  |  |  |
|prostitution  | | | | | |
|-----------------------------------------------+----+----+----+----+----|
|Person persistently solicit for the purposes of|  |4 |1 |  |3 |
|prostitution  | | | | | |
|-----------------------------------------------+----+----+----+----+----|
|Procure woman to become a common prostitute |1 |  |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|Solicit another for the purpose of obtaining |38 |13 |10 |4 |7 |
|their sexual services as a prostitute in a | | | | | |
|street / public place | | | | | |
|-----------------------------------------------+----+----+----+----+----|
|SOLICIT WOMAN FOR PROSTITUTION |1 |  |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|SOLICIT WOMAN FROM VEHICLE - KERB CRAWLING |1 |1 |  |  |  |
|-----------------------------------------------+----+----+----+----+----|
|Grand Total |46 |22 |11 |4 |10 |
+------------------------------------------------------------------------+

 

2. For each arrest, I would like to know the following:

 

a.            The outcome of the investigation

b.            The gender of the person arrested, their age and nationality

c.            Whether the arrest resulted in a referral to immigration
authorities/officers

d.            Where the arrest did result in a referral to immigration
authorities, what the outcome of that investigation was

Force Name – Year – Date of Operation – Name of Operation – Purpose of
Operation – No of Arrests – No of Officers

 

 

Cleveland Police can neither confirm nor deny that it holds any further
information pertinent to this request as the duty in Section 1(1) (a) of
the Freedom of Information Act 2000 does not apply, by virtue of the
following exemptions:

 

Section 30(1) Investigation and Proceedings Conducted by Public
Authorities

Section 40(2) Personal Information

 

In line with Section 30 I am required to carry out a Public Interest
test.  

 

Considerations favouring disclosure.

Disclosure of the information in relation to an on-going investigation may
enhance the ability and professionalism of the force and individual
officers.

 

Considerations favouring non-disclosure.

If there are any on-going investigations providing a low level breakdown
of this nature could identify one which in turn could negatively impact
upon that investigation.

 

Balancing Test: Whilst the public interest considerations favouring
disclosure are noted in considering the arguments for and against release
of the information requested, the balance in the public interest favours
non-disclosure. To disclose at this moment in time could lead to other law
enforcement either be compromised or significantly weaken any on-going
investigations and any future investigations.

 

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 we 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, that providing
such low level breakdown information of this nature linked to information
someone else is likely to have increases the chances of identification 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).

 

3. How many operations/raids/crackdowns has the force carried out in
relation to issues around sex work/trafficking/prostitution? Please
provide for each year between 2015-2019:

 

a. The date of the operation and its name

b. The purpose of the operation

c. The number of arrests as a result of the operation and what those
arrests were for

d. How many officers were involved in carrying out the operation

 

Please provide information for question 3 in a separate worksheet within
the same Excel document with column headings as follows:

 

Force Name – Year – Date of Operation – Name of Operation – Purpose of
Operation – No of Arrests – No of Officers

 

a) Operations have been conducted to target persons soliciting sex workers
for the sexual services the numbers are follows:

 

2018 – 1

2017 – 1

2016 – 1

2015 – 1

 

Section 1 of the Freedom of Information Act 2000 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 Section 1(1) (b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon, Section 17 of the Freedom of Information Act requires that I
provide the applicant with a notice which: a) states that fact b)
specifies the exemption(s) in question and c) state (if that would not
otherwise be apparent) why the exemption applies.

 

The Cleveland Police Service can neither confirm nor deny that it holds
any other information relevant to your request as the duty in s1(1)(a) of
the Freedom of Information Act 2000 does not apply, by virtue of the
following exemptions:

              

Section 31(a)(b)  Law enforcement

 

Section 31 is a prejudice based and qualified exemption, which requires
the Harm in disclosure to be identified and additionally requires a public
interest test to be conducted.

 

Harm

The information required goes into areas that could be integral to
investigations conducted in that when the information requested related
directly to a person who is subject of an on-going investigation and where
the total scope and direction of the eventual investigation is not known
or revealed to provide such information during the investigation could
unwittingly effect subsequent evidence provided by witnesses or other
suspects in this case and therefore, adversely impact upon the integrity
of any evidence sought or obtained.  Courts and the Criminal justice
system go to great lengths to appropriately protect information and
witnesses, with specific legislation created for the appropriate release
of case specific information to appropriate parties, so that the integrity
of cases and ultimately the law enforcement capability of the courts of
the land are maintained.

 

Factors favouring disclosure

The Police Service is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve and there is a
public interest in the transparency of policing operations and use of
Public Funds.  

Factors favouring non-disclosure

Where a current or future law enforcement role of the Police service is
undermined or may be compromised by the release of information, or any
untimely or inappropriate (to the case) disclosure could affect the
viability of that case and if the release of information were to allow the
continual liberty of one guilty person, then the weight for non-disclosure
cannot be given scant regard.

It is our belief that disclosure could compromise law enforcement by
hindering the prevention or detection of crime and the integrity of
policing operations and thus cause potential damage to the criminal
justice process.

 

Balance

From the above and the legislation of the FOI Act 2000 in relation to the
considered exemption we are directed to consider reasons for and against
disclosure not merely a counting up exercise. Importantly there is an
assumption that authorities will provide requested information unless an
exemption applies and the public interest test favours retention and
importantly public interest is not merely what interests/titillates the
public or individual requester but rather what will be of greater good, if
released, to the community as a whole. On the balance of the public
interest test we are of the opinion that at this time the Public interest
in maintaining the exemption genuinely outweighs the public interest in
disclosing the information and on this basis please treat this reply as a
refusal to provide any further reply. 

 

4. How many PSPOs/ASBOs/FPNs has the force issued (or being involved in
the issuing of) in relation to sex work between 2015-2019?

For each instance, please breakdown what the orders were issued for and
what the terms of them were, in a separate worksheet as follows:

Force Name – Year – PSPO or ASBO – Terms – Amount requested in fines or
FPNS

 

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 we 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, that providing
such low level breakdown information of this nature linked to information
someone else is likely to have increases the chances of identification 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 we 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. 

 

And additionally

 

We consider that an exemption to disclosure afforded under the Freedom of
information act exists:  Section 31 (1)(g) (2)(b) Law Enforcement

 

Section 31 is a prejudice based and qualified exemption, which requires
the Harm in disclosure to be identified and additionally requires a public
interest test to be conducted.

 

Factors favouring disclosure for Section 31

The Police Service is charged with enforcing the law, preventing and
detecting crime and protecting the communities we serve and there is a
public interest in the transparency of policing operations and use of
Public Funds especially where an investigation is high profile and
concerning the organisation that is charged with upholding these
principles.

Factors favouring non-disclosure for Section 31

The Cleveland Police Service is committed to demonstrating proportionality
and accountability to the appropriate authorities.  However, if the
Cleveland Police Service were to either confirm or deny that information
is held; other law enforcement may either be compromised or significantly
weaken any on-going investigations and any future investigations. No
inference can be taken from this refusal that any other information
requested does or does not exist.

 

6. Which external charities/support agencies or organisations does the
force refer/signpost sex workers to?

a)  A Way Out in Stockton.  We also have DLO’s (Dedicated Liaison
Officers) within Cleveland Police who engage with Sex Workers and
referrals and partnership working with Arch NE who have a dedicated
Independent Sexual Violence Adviser (ISVA) for sex workers.  Referrals
made to local authority regarding cases of homelessness etc.

 

Notwithstanding to all the above exemption Cleveland Police would also
rely on:

 

Section 1 of the Freedom of Information Act 2000 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 Section 1(1) (b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon, Section 17 of the Freedom of Information Act requires that I
provide the applicant with a notice which: a) states that fact b)
specifies the exemption(s) in question and c) state (if that would not
otherwise be apparent) why the exemption applies.

 

Cleveland Police can neither confirm nor deny that it holds the
information relevant to your request as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemptions:

 

Section 23(5) Information Supplied by, or concerning, certain Security
Bodies.

Section 23 is a class based absolute exemption and there is no requirement
to consider the public interest in this case.

 

Confirming or denying the existence of whether any other information is
held would contravene the constrictions laid out within Section 23 of the
Freedom of Information Act 2000 in that this stipulates a generic bar on
disclosure of any information applied by, or concerning, certain Security
Bodies.  None of the above can be viewed as an inference that the
information you seek does or does not exist.

 

Please note that all 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.

 

If I can be of any further assistance please do not hesitate to contact
this office on any of the below numbers.

 

Yours sincerely

 

Mrs M Johnson

Freedom of Information Decision Maker

Department of Standard & Ethics | 1 Cliffland Way | Hemlington | TS8 9GL

 

 

Telephone: 01642 306825 & 01642 306832

 

Website | Facebook | Twitter | Instagram | LinkedIn

 

 

Public Service | Transparency | Impartiality | Integrity

 

 

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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Hello,

The formatting of your response was illegible when received - could you please send it over in an Excel document?

Many thanks,

Joanna Morris

Freedom of Information, Cleveland Police

2 Attachments

Dear Ms Morris,

I have attached a XLS document along with word copy of the response that was provided to you by my colleague.

I have checked the copy of the original response and when opened it has all of the tables.

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
Tel: 01642 306832 or 01642 306825
E-mail: [Cleveland Police request email]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

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