FOI 574-2024 / June 2024 / Custody
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 574-2024
I write in connection with your request for information which was received on 17th June 2024 as follows:
Statistics for the calendar years 2022 and 2023 on the numbers of detainees, who are 18+ and over where an appropriate adult was not required:
- Numbers of custody records opened (broken down by age band)
- Number who requested legal representation or advice before or during interviews - per PACE Code C (Broken down by age band)
- Number who received that legal representation or advice (Broken down by age band)
- Number who waived the right to legal representation or advice at any point (Code C, para 6.5) (Broken down by age band)
- The reasons for waiving the right to legal representation if collated and available. (Code C para 6.5) (Broken down by age band)
- If available please advise whether categorisation (eg drop-down box category on digital custody records) is being used or not. If yes, what are the categories and can the statistics be apportioned accordingly, please?
- If not available, please whether this is under consideration
Age banding please: 18-25; 26-30; 31-40; 41-50; 51-60; 61+
Please find the Warwickshire Police response set out below.
Response: Please be advised that the requested information is not held in a readily retrievable format. In order to determine the detail requested it would be necessary to review each and every custody record on an individual basis. Warwickshire Police have approximately 6000 detainees each year and an estimate of the time involved is set out below:
12000 x 3 mins = 36000 minutes / 60 = 600 hours
As you will appreciate, this would be above the amount to which we are legally required to respond ie, the work involved in locating, retrieving and recording the information requested for exceeds the cost threshold (£450), which equates to 18 hours work at a standard rate of £25 per hour, as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with s12(1) of the Freedom of Information Act 2000, this letter acts as a Refusal Notice for your request.
In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request; however, due to the amount of records that would need to be reviewed, I am unable to suggest a way to revise your request into one which could be provided within the fees limit.
I can advise that it should be possible to provide information for the number of custody records opened in 2022 and 2023, broken down by age band.
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