FOI 45-2024 / Jan 2024 / Rape crimes
FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-45-2024
I write in connection with your request for information which was received on 10th January 2024 as follows:
- For adult rape crimes investigated by Warwickshire Police that led to an offender being charged in the last five years, please provide the date the investigation opened and the date the offender was charged in each case. (To be clear, I would like details for all adult rape crimes where the offender was charged within the last five years, even if the investigation was opened before that period.)
- For all adult rape crimes still being investigated by Warwickshire Police that have yet to see an outcome, please provide the the date the investigation was opened. (Again, to be clear, in this case I would like details for all adult rape crimes that have yet to see an outcome regardless of the date the investigation was opened, and not just those from the last five years.)
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience that this may have caused you. Please find the Warwickshire Police response set out below.
Response: 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 to the opening and closing dates of each crime relevant to Q1 is:
Section 40(2) – Personal Information
The exemptions applicable to the opening dates of each crime relevant to Q2 are:
Section 30(1) – Investigations
Section 40(2) – Personal Information
Section 30 is a qualified class based exemption and as such requires a public interest test to be carried out.
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, providing the exact date of the crime is likely to identify an individual and to provide the date a suspect/s was charged would then disclose information in relation to that 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.
Public Interest Test
Section 30 - Factors Favouring Disclosure
Disclosure of information would show that investigations are being conducted appropriately and create better public awareness, which may, in turn, reduce crime.
Section 30 - Factors Against Disclosure
Providing exact dates of offences which are still under investigation would highlight to offenders what is or is not known about their offending and could potentially lead to them taking measures to avoid detection. Disclosure would therefore compromise investigations and hinder the prevention and detection of crime and prosecution of offenders.
Balancing test
When balancing the public interest, arguments favouring disclosure need to be balanced with those against. The strongest reason for the disclosure of information is that this would demonstrate openness and transparency and provide awareness, and the strongest reason for withholding information is that investigations could be compromised.
After weighing up the competing interests, it has been determined that the public interest favours non-disclosure and the information is withheld.
Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.
In order to provide assistance I can advise that it may be possible to provide information by year rather than exact date should you wish to resubmit your request.
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