FOI 075 / Jan 22 / authorised detentions of adult suspects
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 75-2022
I write in connection with your request for information which was received on 24th January 2022 as below:
I would be grateful if you could provide the following information relating to the use of police custody by your police force.
For each of the individual 33 months from April 2019 to December 2021 inclusive:
The total number of authorised detentions of adult suspects (aged 18 or over)
The total number of authorised detentions of adult suspects (aged 18 or over) in which the need for an appropriate adult (under PACE Code C) was recorded.
Response: Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused.
I can advise that the requested information is held; however, not all is suitable for disclosure. Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police, when refusing to provide such information (because the information is exempt), to provide you the applicant with a notice which:
(a) States that fact,
(b) Specifies the exemption in question and
(c) States (if that would not otherwise be apparent) why the exemption applies.
The exemption applicable in this case is:
Section 40(2) Personal Information
Section 40 is an absolute class-based exemption, which does not require evidence of the harm disclosure would cause and does not require consideration of a public interest test. That being said, where Section 40(2) is engaged, in order to make the exemption absolute there needs to be evidence that a Data Protection Principle would be breached by disclosure.
This exemption is engaged where disclosure of information relates to personal data of a third party or could lead to the identification of an individual, either from that information alone or combined with any other information from within the Police Service or public domain. In this case, due to low numbers, providing a breakdown by month of the total number of authorised detentions of adult suspects requiring an appropriate adult is likely to lead to the identification of an individual. Such a disclosure would breach individuals’ rights under the Data Protection Act 2018, in particular Article 5(1) of the GDPR which states that personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
This letter serves as a refusal notice under Section 17 of the Freedom of Information Act in relation to monthly breakdown for appropriate adults. Instead, a bimonthly breakdown has been provided.
Please find the Warwickshire Police response set out below. When reviewing the information please note that Q2 relates to the number of suspects within custody where an Appropriate Adult was present.
January to February
March to April
May to June
July to August
September to October
November to December
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.