2022/25060 - Sexual Offence Charges and Convictions
REQUEST
- Since 3 March 2021 (until today), how many serving police officers have been charged or convicted for any of the following offences: rape, assault by penetration, sexual assault, child sexual abuse, extreme pornography, disclosing private sexual images without consent, indecent images of children.
Please break this information down by type of offence and the gender of both the accused and victim.
- How many officers charged with or convicted of any of those offences within this timeframe are still employed by the police force.
RESPONSE
- Since 3 March 2021 (until today), how many serving police officers have been charged or convicted for any of the following offences: rape, assault by penetration, sexual assault, child sexual abuse, extreme pornography, disclosing private sexual images without consent, indecent images of children.
Please break this information down by type of offence and the gender of both the accused and victim.
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Section 30(1) – Investigations and proceedings conducted by the Public Authority
In relation to the above qualified exemption, we are obliged to conduct a public interest test on the information held and here are my considerations:
Factors favouring disclosure
Disclosure would provide a full representation of incidents which relate to alleged crimes by serving officers which would provide a better awareness to the general public that such incidents are dealt with appropriately and responsibly.
Factors favouring non-disclosure
Any disclosure in relation to ongoing investigations could result in the prejudice of those investigations. The Police Service is charged with enforcing the law and protecting the communities we service. In addition, all information held has been held for the purpose of an investigation to ascertain whether anyone should be charged with an offence therefore appropriate redactions have been made to ensure that should any criminal proceedings occur in the future
Balancing Test:
In conclusion we consider that the factors favouring non-disclosure outweigh the factors favouring disclosure and as such we will not be disclosing information relating to ongoing investigations. Although it is important that the public are apprised of the nature of such investigations, we consider that when weighed against the risk of prejudicing the outcome of an ongoing investigations, the factors favouring non-disclosure take precedence.
Section 31(1)(g) ‘Law Enforcement’ by virtue of section 31(2)(b)
Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2). The purposes referred to in subsection (1)(g) are:- (a) The purpose of ascertaining whether any person has failed to comply with the law (b) The purpose of ascertaining whether any person is responsible for any conduct which is improper
Evidence of Harm:
Gwent Police are charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Disclosing details of ongoing investigations would impact on the effectiveness of police procedures and investigations thereby hindering the prevention and detection of crime.
Section 31 – Factors favouring disclosure:
The disclosure of details relating to investigations involving Police Officers and Police Staff would provide the public with reassurance that Gwent Police take all reports of crimes seriously and that these are managed appropriately, ensuring all relevant enquiries are undertaken. Investigations are funded by the public purse, therefore disclosing information provides transparency of the way public money is used.
Section 31 – Factors favouring non-disclosure:
Information relating to specific investigations which have not yet resulted could lead to the identification of those involved, including victims, witnesses and suspects. It is vital that information continues to be received when carrying out investigations however there may be reluctance to provide information if it is believed that details relating to the investigation could be released via FOI. While it is generally expected that findings are made public at a later stage when they represent the fully considered conclusions of the investigation, releasing the details under the FOIA prior to the conclusion of proceedings and, therefore making such information public, could hinder any current or future investigations undertaken by Gwent Police.
Section 40(2) Personal Information
The exemption applicable to the information you have requested for this question can be found at Section 40(2) Personal Information, of the Act and this refusal notice is issued under Section 17.
Gwent Police is withholding the information you have requested on the basis that the exemption contained in s 40(2) of the Freedom of Information Act applies in that the information you have requested is personal data of third parties and the disclosure of the data would breach one of the principles contained in the Data Protection Act. The relevant principle is the first principle which states that:
Personal data shall be processed fairly and lawfully and in particular shall not be processed unless –
(a) at least one of the conditions in Schedule 2 is met and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is met
It is only necessary to consider (a) in respect of the information requested. The relevant condition in Schedule 2 is condition 6 which states that:
"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject"
- How many officers charged with or convicted of any of those offences within this timeframe are still employed by the police force.
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