Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
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:
We would like to gather data from Police forces across the country concerning drug activities involving children (under 18) in rural areas. We would like to know the following please:
A. Between 2017 and 2021 how many offences involving children (under 18) have you recorded in rural areas for the following reasons:
• possession of drugs
• intent to supply
• possession with intent to supply drugs
• supply of drugs
I would be more than happy for you to use our own method to identify rural locations.
B. Between 2017 and 2021 how many offences involving children (under 18) have you recorded for the following reasons:
• possession of drugs
• intent to supply
• possession with intent to supply drugs
• supply of drugs
within your entire Police Force Area. In addition please include the outcome (for example charge, caution, community resolution or NFA).
After we sought clarification, you confirmed that the above was your submission,
In Response:
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 in part by Northumbria Police.
I am able to disclose the located information to you as follows.
A-B. The following caveats should be noted regarding the data supplied:
• To note "Supply" includes both supply and the offer to supply. These figures cannot be separated as the offence wording states both.
• "Intent to supply" does not appear as an offence outside of "Possession with intent to supply."
|
Offence |
All |
Rural |
|
Possession |
1010 |
9 |
|
Intent to supply |
0 |
0 |
|
Possession with intent to supply |
73 |
2 |
|
Supply |
129 |
0 |
|
Outcome |
Possession |
Possession with Intent to Supply |
Supply or Offer to Supply |
|
Cannabis warning |
29 |
1 |
0 |
|
Caution adult |
4 |
1 |
0 |
|
Caution adult alternative offence |
0 |
0 |
1 |
|
Caution youth |
133 |
14 |
14 |
|
Caution youth alternative offence |
1 |
0 |
0 |
|
Charge/Summons |
143 |
24 |
24 |
|
Community resolution |
5 |
0 |
0 |
|
Evidential difficulties |
86 |
9 |
36 |
|
Investigation complete - no suspect identified |
1 |
0 |
6 |
|
Investigation not in public interest |
19 |
0 |
0 |
|
Not in public interest (CPS) |
2 |
0 |
0 |
|
Not in public interest (police) |
187 |
4 |
8 |
|
Not stated |
19 |
11 |
12 |
|
Other agency action |
13 |
0 |
0 |
|
Outcome 22 |
112 |
6 |
9 |
|
Prosecution time limit expired |
1 |
0 |
0 |
|
Suspect too ill |
2 |
0 |
0 |
|
Victim declines or is unable to identify suspect |
0 |
0 |
1 |
|
Victim does not support police action |
5 |
1 |
11 |
|
YOT triage |
248 |
2 |
7 |
Additionally Northumbria Police will neither confirm nor deny any other information is held and by doing so cite the following exemptions:
Section 23(5) Information supplied by Security Bodies
Section 24(2) National Security
Section 30(3) Investigations
Section 31(3) Law Enforcement
Harm
Although every effort should be made to release information under the Freedom of Information Act, to confirm or deny whether any other information is or is not held regarding county lines activity, could not only identify an individual but also undermine ongoing investigations and the National Security of the United Kingdom.
Whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively engaging with the threat from criminals, this should be countered against the need to protect vulnerable areas, and ongoing Policing operational activity.
The security of the country is of paramount importance and Northumbria Police will not divulge whether information is or is not held if to do so would undermine national security. Whilst there is a public interest in the transparency of policing operations and providing reassurance that the Police Service is appropriately and effectively engaging with the threat posed by offenders involved in county lines activity, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive areas of which they work.
Confirming or denying whether any other information is held would show where policing interest has or has not occurred which would enable those engaged in criminal activity to identify the focus of policing targets and identify vulnerable parts of the UK.
In addition, and irrespective of what other information may or may not be held, to confirm information is held by citing a substantive exemption, or conversely, stating ‘no information held’, would undermine the effective delivery of operational law enforcement by compromising potentially ongoing investigations, some of which may be covert.
Public Interest Test
Factors favouring confirmation or denial - Section 24
Confirmation or denial that any other information exists would lead to a better informed public and would enable the community to hold Northumbria Police to account in relation to how they gather intelligence when referring to individuals involved in county lines operations.
Factors against confirmation or denial - Section 24
Other organisations outside the Police Service may, or may not, have an active interest in the subject. By confirming or denying that any other information exists would harm the close relationship that exists between Northumbria Police and other partner agencies.
To confirm or deny whether the force holds any other information would allow inferences to be made about the nature and extent of national security related activities which may or may not take place in a given area. This would enable criminal groups to take steps to counter intelligence, and as such, confirmation or denial would be damaging to national security.
Factors favouring confirmation or denial – Section 30
Confirming or denying whether any other information exists would lead to a better informed general public improving their knowledge and understanding as to where the force are focusing their delivery of force enforcement in country lines investigations.
Factors favouring neither confirming or denying – Section 30
Modern-day policing is intelligence led and Northumbria Police, where appropriate, gathers information to assist with the investigatory process. To confirm or not whether any other information is or is not held this case could hinder the prevention and detection of crime as well as undermine the partnership approach to investigations and law enforcement.
Factors favouring confirmation or denial – Section 31
Confirming or denying whether any other information is held would allow the public to see where public funds have been spent and allow the Police Service to appear more open and transparent.
Factors favouring neither confirming or denying – Section 31
To confirm or deny that Northumbria Police holds any other information could compromise law enforcement tactics which would lead to a hindrance on the Police Force’s ability to prevent and detect crimes. Vulnerable areas could be identified by force level disclosure leading to more criminal activity placing the public in harm’s way. If information is released confirming or denying where county lines activity is prevalent may impact police resources as vulnerable forces may need to increase their resources to reassure the public and protect the surrounding community.
Balance Test
The points above highlight the merits of confirming, or denying, whether any other information pertinent to this request exists. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and will never divulge information which could pinpoint where county lines operations are active.
Whilst there is a public interest in the transparency of policing operations and investigations, as well as providing reassurance that the Police Service is appropriately and effectively engaging with the threat from criminals, there is also a public interest in safeguarding individuals involved in this type of offending which often involves vulnerable individuals. As much as there is a public interest in knowing that policing activity is appropriate and balanced, it will only be overridden in exceptional circumstances.
Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying that information is or is not held, is not made out.
