Whereabouts of Sex Offenders

Under the Freedom of Information Act, please disclose full details of all registered sex offenders whose whereabouts are no longer known by the authorities, in each of the last five years.

I would like the information broken down into year, number of registered sex offenders who cannot be traced, risk level of each offender and how many were rediscovered.

In accordance with section 1(1) (b) of the Act our response is provided below;

2006-1
2007-1

In relation to the number of registered sexual offenders whose whereabouts are unknown, Cheshire Constabulary, have as of this date, 3 RSOs currently recorded as wanted because their whereabouts are unknown. This total is only valid for the date specified because the information is dynamic and will change as arrests are made or new cases come to light through proactive intelligence led policing or routine visits to registered offenders'.

In relation to the risk level: The release of this information could lead to a 'missing' RSO identifying what risk level they are being managed at. This in turn could provide the individual with the details of the minimum number of home visits that they may be subjected to. Our view is that this could have the potential to frustrate attempts to locate them. We are therefore applying an exemption at section 31 (1) (a) (g), law enforcement.

Public Interest Test - Considerations Favouring Disclosure

• Public Awareness and Debate

Where disclosure can assist individuals by raising awareness of issues which may be of relevance to them. In this case, issues regarding registered sex offenders are of general concern to the public. This information will enable the public to be better informed with regard to the whereabouts of those offenders. This will contribute to the quality and accuracy of public debate enabling the community at large to make decisions about their own activities.Public Participation

Disclosure could benefit the police service by encouraging public participation and the input of the public at large.

• Public Safety

There may be occasions when it is appropriate to disclose information that would have an impact on public safety, such as emergency contingency plans. This may be applied where the public would benefit from having enhanced knowledge and would therefore be able to take the necessary precautionary steps to protect themselves.

Considerations Favouring No Disclosure

• Investigations

It is the Association of Chief Police Officers' approach that information relating to an investigation will rarely be disclosed under the provisions of the Freedom of Information Act. Whilst such information maybe released in order to serve a "core policing purpose" - to prevent or detect crime or to protect life or property - it will only be disclosed following a Freedom of Information request if there is a strong public interest consideration favouring disclosure. Releasing the information could provide the individual with the details of the minimum number of home visits that they may be subjected to. Our view is that this could have the potential to frustrate attempts to locate them and thereby seriously prejudice the prevention and detection of crime and the administration of justice.

• Efficient and effective Conduct of the Service

Where a current or future law enforcement role of the force may be compromised by the release of information. In this case, for the reasons outlined, the information requested could jeopardise future police operations and compromise the prevention and detection of crime.

In addition, revealing the status of any particular RSO could provide such persons with information that they maybe able to use to their advantage, thus reducing the force's ability to prevent and detect crime and to effectively manage RSO's.

• Public Safety

Public Safety is of paramount importance to the Constabulary and its partner agencies. The potential harm in offenders not being managed properly and committing more crimes or innocent people being targeted is of grave concern and whilst wishing to embrace the ethos of information disclosure, this cannot take precedence over public safety.

• Balancing Test

When balancing the public interest test, we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Public Awareness and Debate which needs to be compared to the strongest negative reason, which in this case is Public Safety. The Constabulary cannot and will not disclose information which will place the public at risk or undermine law enforcement thereby assisting those intent on committing crime.

Information released under FOIA, where exemptions apply, will only be done where there is a tangible community benefit which is more powerful than the harm that could be done. This does not apply in this case.

On balance, and from the harm evidenced above, the information requested should be protected.