- Reference Number: 3221
- Date released: 19 July 2011
Request
Freedom of Information Act request - Police Information Notices
We write in respect of the above matter and ask that you provide us
with information regarding the use by your force of Police
Information Notices (‘PINs’, also referred to as ‘harassment
warnings’) in connection with suspected harassment offences.
As you will be aware, offences of harassment are governed by the
Protection from Harassment Act 1997. However this legislation does
not provide any formal statutory framework for the issuance of
police information notices. The Crown Prosecution Service (CPS) and
the National Policing Improvement Agency (NPIA) have published
guidance on the use of PINs.
We ask that you provide us with the following documents and
information:
- Any specific policy guidance, or written descriptions of good
practice, used by your own force on the issuance of PINs (whether
published or not);
- Confirmation of whether your force’s practice in issuing
such notices is intended to comply with the CPS and NPIA published
guidance or merely take account of it;
- Details of your force’s local procedure (if such a procedure
exists) for ensuring that the views of the potential recipients are
taken into account before PINs are issued to them;
- Details of the methods of issuing PINs that are permitted by
your force, for example, in person, by post, left at an
address;
- Statistics for of how many PINs were issued by your force in
each of the previous two years (if these are kept);
- Any statistics indicating how PIN’s have since been withdrawn
over the last two years;
- Details of your force’s local procedure (if such a procedure
exists) which enables a PIN to be amended in the event that there
exists a dispute of evidence and details of how many PINs have been
amended using this procedure over the last two years; and
- Details of the procedure (if any) by which your force invites
representations from the recipient of a PIN before the PIN or the
fact of its issuance is disclosed it to a third party, such as the
Criminal Records Bureau.
Response
In accordance with section 1(1) (b) of the Act our response is
provided below;
Question 1.
Current policy is available on our web site. Please see the below
web link:
Policies and Procedures
Question 2.
The current policy is in the process of being updated to include
CPS and NPIA guidance
Question 3.
No. However, they are given the opportunity to explain their
actions at the time of the PINs being issued to them.
Question 4.
Issued in person
Question 5.
Between January 2009 & January 2011 PINs issued by the force
were a total of: 1330.
Question 6.
None
Question 7.
This information is not held as statistical data. If it is held it
would be only in each individual case file. To determine if that is
the case would require one staff member to examine each file,
approx. 110 hours of work. this 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.
Question 8.
None currently. This will however be included in the updated policy
as mentioned in 2, above.
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