Under 17's & Drink Drivers Arrested

  • Reference Number: 1734
  • Date released: 10 March 2009

Request

  1. (a) Between 2007 and 2008 how many under 17's has your force arrested (b) and what sentences were given to them.
  2. (a) Between 2007 and 2008 how many people has your force arrested for drink driving (b) and what sentences were given to the drivers

Response

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

Please note for ease we have broken your questions down into 4 questions 1a, 1b, 2a and 2b.

Question 1a

2007 = 2858, 2008 = 3599

Question 2a

2007 = 2219, 2008 = 1935

Question 1b

We are unable to advise what sentences were passed on Under 17's arrested as to do so would necessitate a manual examination of over 6,000 records, this it is estimated would exceed the appropriate limit. The appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

This information could be exempt under Section 40 (2) Personal Data. Any information to which a request for information relates is also exempt information if -
(a) it constitutes personal data which does not fall within subsection (1) (your own personal data), and
(b) either the first or the second condition below is satisfied

(3) The first condition is:-
(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause damage or distress), and
(b) in any other case, that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relates to manual data held by public authorities) were disregarded.

(4) The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject's right of access to personal data), and could also be exempt under
Section 44 (1) Prohibitions on Disclosure (1)(a) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it -
(a) is prohibited by or under any enactment

The Children and Young Persons Act 1933 was introduced to prevent any child or young person being exposed to moral or physical danger.

Section 49 prohibits publication of details and pictures which could identify children or young persons involved in certain court proceedings, unless the court directs otherwise. This document relates to the restrictions imposed by the prohibition. These are absolute exemptions.

Question 2b

We are unable to advise what sentences were passed on Drink Drivers arrested as to do so would necessitate a manual examination of over 4,000 records, this it is estimated would exceed the appropriate limit. The appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

This information could also be exempt under Section 40 (2) Personal Data. Any information to which a request for information relates is also exempt information if -
(a) it constitutes personal data which does not fall within subsection (1) (your own personal data), and
(b) either the first or the second condition below is satisfied

(3) The first condition is:-
(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause damage or distress), and
(b) in any other case, that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relates to manual data held by public authorities) were disregarded.

(4) The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject's right of access to personal data).

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