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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 379-2024
I write in connection with your request for information which was received on 3rd April 2024 as follows:
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience that this may have caused. Please find the Warwickshire Police response set out below.
When reviewing the information please note that arrest data and charge data is standalone and does not necessarily correlate, ie an individual could be arrested in the period and not be charged in the period, and conversely an individual could be charged in the period but arrested prior to that time.
Q1 response: 2 – both under the offence ‘Vagrant - being found in or upon enclosed premises’
Q2 response: I can advise that the requested information is held; however, it not suitable for disclosure in the requested format.
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 extremely low numbers, providing the breakdown by month is likely 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 this element of the request.
Q3 response: 2 – one in relation to ‘Vagrant - being found in or upon enclosed premises’ and one in relation to ‘Begging in a public place’.
Q4 response: Please be advised that this breakdown is exempt from disclosure by virtue of Section 40(2) Personal Information. Please see response to Q2.
Q5 & Q6 response: Please be advised that conviction data falls within the remit of, and is held by, HM Courts and you may wish to contact them in this regard.
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.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB