Section 127 arrests and prosecutions

Alex Morris made this Freedom of Information request to Northumbria Police

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 Northumbria Police,

Please can you provide the annual count for your Constabulary of arrests, charges, number of assailants released on bail or released without charge, and successful and non-successful prosecutions (those that went to Court but were dismissed) under Section 127 of the Communications Act 2003 from its introduction in 2003 to date - specifically with reference to social media communications, i.e. Facebook, Twitter, etc.

If 2018 information is not yet fully available, please identify what is currently available and provide as much as possible if you could.

Yours faithfully,

Alex Morris
Politics Student

Freedom of Information Mailbox, Northumbria Police

Freedom of Information Act 2000 (FOIA)
 
Thank you for your email received today in which you make a request for
information that Northumbria Police may hold in accordance with the
Freedom Of Information Act 2000
 
We are in the process of dealing with your request and a response should
be provided to you by 13/03/2019 which is in accordance with the
legislation.
 
Yours sincerely
 
Information Management Unit
[1]www.northumbria.police.uk | [2]www.northumbria-pcc.gov.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'
 
 

show quoted sections

Dear Freedom of Information Mailbox,

Upon receiving information from another Constabulary, I would like to amend this FOI in order to keep it within your time limits, and to enable it to be easier for you to work with.
If you use the Home Office Counting Rules, please use 8/72: ‘Sending letters etc with intent to cause anxiety.’ Again, I would like the number of arrests and charges per annum from 2003 to date. I understand that this may not have been a notifiable crime prior to 2015, but I would still like the number of arrests and numbers in custody prior to this time, categorised under this 8/72 counting rule; as well as the crime count for 2015 to date (as well as arrest and charge count – just to clarify).
Please ignore the part of the FOI requesting information on prosecution. I will attempt to request this separately from HMCTS.

Yours sincerely,

Alex Morris

Freedom of Information Mailbox, Northumbria Police

Good morning Mr Morris

Thank you for your email.
Your amendment has been noted and sent to the researchers.

Kind regards

FOI Team

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality Investigations and applying Problem solving to everything we do to protect the communities we serve.'

show quoted sections

Freedom of Information Mailbox, Northumbria Police

Mr Morris

Clarity is required on your request/s, copied  below for ease

 

Please clarify if you are asking only for the number of arrest and charges
per annum from 2003 – to date for Home Office Counting Rules,  8/72

Or

Are you asking for the number of arrests and charges for that time period
under Home Office Counting Rules,  8/72 for Social Media. If its this
version you need to supply a list of keywords for us to search for, ie
Twitter, Facebook .

If its none of the above please clarify what it is your asking us to look
for .

 

Your request remains on hold until we hear from you further.  If we do not
hear back within 20 days this request will be closed without further
contact.

 

Regards

FOI tea,

 

 

AMENDMENT:

 

Upon receiving information from another Constabulary, I would like to
amend this FOI in order to keep it within your time limits, and to enable
it to be easier for you to work with.

If you use the Home Office Counting Rules, please use 8/72: ‘Sending
letters etc with intent to cause anxiety.’ Again, I would like the number
of arrests and charges per annum from 2003 to date. I understand that this
may not have been a notifiable crime prior to 2015, but I would still like
the number of arrests and numbers in custody prior to this time,
categorised under this 8/72 counting rule; as well as the crime count for
2015 to date (as well as arrest and charge count – just to clarify).

Please ignore the part of the FOI requesting information on prosecution. I
will attempt to request this separately from HMCTS.

 

Original request:

Please can you provide the annual count for your Constabulary of arrests,
charges, number of assailants released on bail or released without charge,
and successful and non-successful prosecutions (those that went to Court
but were dismissed) under Section 127 of the Communications Act 2003 from
its introduction in 2003 to date - specifically with reference to social
media communications, i.e. Facebook, Twitter, etc

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

Dear Freedom of Information Team,

If you have the ability to search by keyword for arrests and charges that would be better. Apologies I wasn't aware that was a possibility. If it's a simple keyword search, then from 2003 for arrests and 2015 onwards for charges, since it wasn't deemed a criminal offence before 2015 as I understand.

If you require any further clarification please do let me know.

Yours sincerely,

Alex Morris

Freedom of Information Mailbox, Northumbria Police

Alex
Apologies but I think you have misunderstood.
You need to supply keywords for social media platforms you are wanting us to search for - ie Facebook, Twitter

Additionally - If this offence was not a criminal offence until 2015 then there would be no arrests/charges before that date? You may wish to limit your query to 2015?

Jan

www.northumbria.police.uk | www.northumbria-pcc.gov.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality Investigations and applying Problem solving to everything we do to protect the communities we serve.'

show quoted sections

Dear Freedom of Information Mailbox,

Whoops, I apologise for the misunderstanding on my part. The keywords I guess would be Twitter, Facebook, Instagram, and Youtube. The big four. I don't see any point in anyone trying to search for the lesser-known ones.

If that is the case with crime reports, then agreed, from 2015 onwards will be fine. I wasn't sure if culprits could be arrested under an Act and then charged with something different when investigated fully with more evidence, hence my initial request. Again, apologies for my misunderstanding.

Yours sincerely,

Alex Morris

Freedom of Information Mailbox, Northumbria Police

Alex

As the e mails from you do not contain the full e mail trail - can you
just confirm, or otherwise  that the below is now your submission

 

'The number of arrests and charges from 2015 under Home Office Counting
Rules,  8/72 for Social Media using the keywords Twitter, Facebook,
Instagram, and Youtube'

 

Once its clear what your asking for we can progress accordingly.

 

Regards

 

Jan Mcewan

Asset Management

Northumbria Police & Office of the Police and Crime Commissioner

www.northumbria.police.uk | www.northumbria-pcc.gov.uk

 

'Northumbria Police will be outstanding in the service we provide'

 

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

show quoted sections

Dear Jan,

Yes, that is perfect, thank you. And thanks for helping me to clarify the request.

Yours sincerely,

Alex Morris

Freedom of Information Mailbox, Northumbria Police

No problem
Your due date is now 09/04/19
Regards

Jan
Disclosure Assistant
Asset Management
Northumbria Police & Office of the Police and Crime Commissioner
www.northumbria.police.uk | www.northumbria-pcc.gov.uk

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality Investigations and applying Problem solving to everything we do to protect the communities we serve.'

show quoted sections

Freedom of Information Mailbox, Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

 

Thank you for your e mail dated 13 February 2019 in which you made a
request for access to certain information which may be held by Northumbria
Police.

 

As you may be aware the purpose of the Act is to allow a general right of
access to information held at the time of a request, by a Public Authority
(including the Police), subject to certain limitations and exemptions.

 

You asked for:

 

The number of

1.     arrests and

2.     charges

 

from 2015 under Home Office Counting  Rules,  8/72 for Social Media using
the keywords Twitter, Facebook,  Instagram, and Youtube

 

 

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

 

Following receipt of your request, searches were conducted with the
Corporate Development Department of Northumbria Police. I can confirm that
the information you have requested is held by Northumbria Police.

 

 

This data has been extracted using the specified time frames and
keywords.  As with any keyword search, the search will only return exact
matches within the Crime MO. This does not account for differences in
terminology and/or spelling used. We cannot search the crime investigation
screens/additional information screens, if the terms are not used within
the MO the crime will not be identified.

With the above noted I am able to disclose the located information to you
as follows.

 

1.     Arrests

 

2015 – 1

2016 – 9

2017 – 7

2018 – 9

2019 – 1

 

 

2.     Charge/summons

2016 – 3

2017 – 6

2018 - 5

 

 

 

Due to the different methods of recording information across 43 forces, a
specific response from one constabulary should not be seen as an
indication of what information could be supplied (within cost) by another.
Systems used for recording these figures are not generic, nor are the
procedures used locally in capturing the data. For this reason responses
between forces may differ, and should not be used for comparative
purposes.

 

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

 

You may be interested to know that Northumbria Police routinely publish
information via the Disclosure Log. The aim of the Disclosure Log is to
promote openness and transparency by voluntarily placing information into
the public arena.

 

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police in response to requests made under
the Freedom of Information Act 2000.

 

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the wider
public interest.

 

The Disclosure Log will be updated once responses have been sent to the
requester.

 

I have provided the relevant link below.

 

[1]https://beta.northumbria.police.uk/about...

 

 

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure, attached.

 

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

 

Michael Cleugh

Data Protection and Disclosure Advisor

 

[NOT PROTECTIVELY MARKED]

 

'Northumbria Police will be outstanding in the service we provide'

'We will do this through protecting the Vulnerable, delivering quality
Investigations and applying Problem solving to everything we do to protect
the communities we serve.'

 

 

 

 

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE The information
contained in this message and any attachment(s) is confidential and
intended only for the attention of the named organisation or individual to
whom it is addressed. The message may contain information that is covered
by legal, professional or other privilege. No mistake in transmission is
intended to waive or compromise any such privilege. This message has been
sent over public networks and the sender cannot be held responsible for
its integrity. If you are not the intended recipient be aware that any
disclosure, copying, distribution or action taken in reliance of the
information contained herein is strictly prohibited, and is contrary to
the provisions of the Copyright Designs and Patents Act, 1988 and of the
Data Protection Act, 2018. Any views expressed are those of the sender
and, unless specifically stated, do not necessarily represent the view of
Northumbria Police. We cannot accept any liability for any loss or damage
sustained as a result of software viruses. It is your responsibility to
carry out such virus checking as is necessary. If you have received this
message in error, please notify the sender by e-mail at once and delete
the message immediately. For more information about Northumbria Police
please visit our website - http://www.northumbria.police.uk

References

Visible links
1. https://beta.northumbria.police.uk/about...