From: xxx@psni.pnn.police.uk on behalf of FOI@psni.pnn.police.uk Sent: 06 September 2006 16:11 To: xxx Subject: 4.UNCLASSIFIED-All Networks: ATI Request F-2006-04095 Subject: F-2006-04095 September 6, 2006 Dear Mr. xxx, FREEDOM OF INFORMATION ACT 2000 I refer to your request for information dated July 28, 2006 which was received on July 28, 2006 concerning: I would like to attain details of the number of children (aged 16 and under) who have been caught in possession of drugs in the force's area during the past three financial years. I would like the figures to be broken down into annual spreadsheets - for 2003/4, 2004/5 and 2005/6 - to show for each child: a) Age; b) The class and type of substance they were caught in possession of; c) The geographical area - or sector - in which they were caught; d) Whether possession was deemed by police to be: 'with intent to supply'; e) What action was taken, e.g. street caution, NFA, etc... I would also like annual totals at the end of each spreadsheet both for those caught in possession, and for those caught in possession 'with intent to supply'; The PSNI are governed by the Freedom of Information Act 2000 and are not in a position to answer all the questions which have been requested, as each question bears relevance to Section 30 and 38. However, as can be seen from the reply below the PSNI have endeavoured to answer your question in keeping with the Act. a) a) Age - 12yrs 13yrs 14yrs 15 yrs 16yrs 2003/4 - 7 18 32 60 2004/5 5 11 23 54 83 2005/6 5 10 36 75 86 b) 'the class and type of substance they were caught in possession of' DRUG CLASS Ecstasy A Cocaine A Amphetamine B Cannabis C Benzodiazepines C c) 'The geographical area - or sector- in which they were caught' PSNI believe that if the information requested were supplied in full and included DCU area and age it may be possible to identify individuals from those details. As these are children aged and under 16 this could cause great distress to a vulnerable individual. The harm may be perceived or caused. d) 'whether possession was deemed by police to be with intent to supply' The cost of complying with this request would exceed the "appropriate limit" as stated in the Freedom of Information Regulations 2004, which is currently set by the Secretary of State at £450. e) Total Number of Persons Aged 16 and under 2003/04 2004/05 2005/06 Total Charged 82 98 89 269 Charged For Possession offences1 79 92 83 254 Charged For Supply Offences1 10 10 12 32 Cautioned 35 78 123 236 Cautioned For Possession Offences1 33 71 119 223 Cautioned For Supply Offences1 2 9 4 15 (1 - Please note that as an individual can be charged/cautioned with both a possession offence and a supply offence these figures cannot be added to produce totals.) You may wish to submit a refined request in order that the cost of complying with your request may be facilitated within the 'appropriate limit'. Submission of a refined request would be treated as a new request, and considered in accordance with the Freedom of Information Act 2000, including consideration of relevant Part II exemptions. The information you have requested may also be exempt from disclosure under the Freedom of Information Act 2000. The exemptions applicable in this case are as follows:- Section 17 of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, 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 not otherwise apparent) why the exemption applies. QUALIFIED EXEMPTION Section 30 - Investigations and Proceedings Conducted by Public Authorities - the release of any information held/not held may prejudice any future legal proceedings. Section 38 - Health and Safety applies to information where disclosure would be likely to endanger the physical or mental health or the safety of any individual. HARM TEST It has been taken into consideration the effect any information released to the public would have on the individual and their families, and how the public at large may view it. The European Convention of Human Rights states under Article 8 that each person has the right to respect for private family life. Section 38 of the Freedom of Information Act 2000 also protects an individual's physical health and mental wellbeing whether the harm is real or perceived. Therefore the PSNI feel that by releasing the DCU and the age of the person/s involved may have the potential to identify different person/s involved and would not be in keeping with the Act. PUBLIC INTEREST TEST The public interest test relevant is as follows:- FAVOURING DISCLOSURE Accountability Accountability pertaining to the efficiency and effectiveness of Police investigations. Media and Public interest. CONSIDERATION FAVOURING NON DISCLOSURE Efficient and effective conduct of the service. The lack of confidentiality would deter the public from providing information to the service. Current investigations Exemptions Provisions This information is covered by a number of exemptions and these tend to give rise to a public interest consideration favouring non disclosure. BALANCING TEST On weighing up the relative strengths of the opposing public interest, it is considered that the public interest would be served by applying the exemptions as indicated. The Police Service for Northern Ireland in complying with their statutory duty under Section 1 and 11 for the Freedom of Information Act 2000 to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988. However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's Written permission to reproduce any part of the attached information should be addressed to the Legal Adviser, PSNI Headquarters, Brooklyn, 65 Knock Road, Belfast. BT 5 6LE. If you have any queries regarding your request or this decision please do not hesitate to contact me on 028 9070 0164. When contacting the Freedom of Information Team, please quote the reference number listed at the beginning of this email. If you are dissatisfied in any way with the handling of your request, you have the right to request a review. You should do this as soon as possible, or in any case within two months of the date of issue of this letter. In the event that you require a review to be undertaken, you can do so by writing to the Corporate Information Manager, Freedom of Information, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing foi@psni.pnn.police.uk. You should state - clearly the grounds on which you are requesting the review. If following an internal review, carried out by an independent decision maker, you were to remain dissatisfied in any way with the handling of the request you may make a complaint, under Section 50 of the Freedom of Information Act, to the Information Commissioner's Office and ask that they investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You can write to the Information Commissioner at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. The Information Commissioner will not investigate a complaint unless an internal review procedure has been carried out, however the Commissioner has the option to investigate the matter at his discretion.