- Reference Number: 2912
- Date released: 20 January 2011
Request
I would like to know the number of people sanctioned by your
police authority for distributing leaflets/posters judged to be
offensive. I would like statistics for the past three years
of records. If this is not possible – for reasons of logistics or
cost - then please just send me the last year of available
statistics.
I would like to know:
- The number of Penalty Notices for Disorder (PND, or on-the-spot
fines) for people distributing ‘offensive’ leaflets/posters.
(This is likely to fall under the PND of causing ‘harrassment,
alarm or distress’, which should be a recorded PND).
- The number of Anti-Social Behaviour Orders (ASBOs) for people
distributing ‘offensive’ leaflets/posters. (If possible, please
state the nature of the ASBO).
- The number of other criminal sanctions (please state whether
these were warnings, cautions, arrests, prosecutions or
convictions) of people distributing ‘offensive’ leaflets/posters.
(The person is likely to be prosecuted under offences of using
'threatening, abusive or insulting words or behaviour', or causing
‘harassment, alarm or distress’.)
Response
In accordance with section 1(1) (a) of the Act our response is
provided below;
From our preliminary assessment, we estimate that compliance
with your request would exceed the appropriate costs limit under
section 12 of the Freedom of information Act 2000. This is
currently £450. The reason for this is that the only way we could
extract such data to answer your questions, if any exists, is to
manually examine each of the 4,940 offences of 'threatening,
abusive or insulting words or behaviour', or causing 'harassment,
alarm or distress' that have been recorded over the period of
interest. This would take several weeks , (over 400 hours of work)
for one staff member and would clearly exceed the appropriate
limit. Even information for one year would exceed those cost
limits.
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.
We cannot therefore confirm that we hold the information
requested.
I am unable to suggest a realistic alternative to bring this
request to a manageable proportions. What I can say from
preliminary enquiries that there does not appear to have been any
Anti Social Behaviour Orders issued either by the criminal courts
or through application to the courts by us or our partners.
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