Foreign National Sex Crimes

Request Number: F-013445

Category: Incident and Crime Statistics - Sexual Offences

Subject: Foreign National Sex Crimes

Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. The decision has been taken not to supply the information you have requested due to the low numbers of data and the reasons for this are set out in more detail below. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.

Request 1
In relation to sexual crimes (rape, sexual assault, assault by penetration), please confirm for the years 2022 and 2023 the number of individuals with Pakistan nationality that were charged with such crimes.

Request 2
In relation to sexual crimes (rape, sexual assault, assault by penetration), please confirm for the years 2022 and 2023 the number of individuals with Afghanistan nationality that were charged with such crimes.

Answer

As the information requested is low level data and could possibly lead to identification of individual(s), the PSNI is withholding it.

Section 17(1) 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.

The exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information – Information constitutes personal data and disclosure would contravene any of the Data Protection principles.
Section 30 (1)(a) – Investigations and Proceedings Conducted by Public Authorities.
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40(2) is an absolute exemption which means there is no requirement on PSNI to consider whether there is public interest in disclosure. It is an interface exemption and we must consider whether release of this information would breach General Data Protection Regulations ‘GDPR’. Third party personal information constitutes as ‘personal data’ under GDPR (Article 14). As this information is ‘personal data’ PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR. 

The six data protection principles are good information handing standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not. The first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information.

We consider it would be unfair to those individuals to disclose this information and therefore it would be a breach of the first principle of data protection legislation, as we consider those individuals would not have any reasonable expectations that PSNI would disclose information of this nature relating to them. 

The public must have confidence that the personal data of all individuals including those involved in an investigation, is treated appropriately by the PSNI. The PSNI has a duty to protect the personal data of all members of the public. Identifiable information relating to persons involved in an investigation, would be used to identify these individuals which will be unfair to the individuals concerned. As the release of this information will leave a number of these individuals vulnerable to threats and harm. We consider it would be unfair to those individuals to release identifiable information, and therefore it would be a breach of the first principle of data protection legislation. As we consider those individuals would not have any reasonable expectation that PSNI would disclose identifiable information relating to them. 

PSNI therefore consider the exemption at S40 (2) to be engaged in relation to information which would identify those involved in a police investigation, and the personal data of police members.

Section 30 is a class based qualified exemption which means there is no requirement to evidence the Harm that may be caused by releasing the information however it is necessary to conduct a Public Interest Test. 

Public Interest Test 

Factors Favouring Release - Section 30

Disclosing this information would assist in showing that the PSNI are conducting thorough investigations into such incidents. There is much public interest in ensuring that this and any other investigation is undertaken professionally and rigorously and disclosure of the requested information could promote public trust in providing transparency, demonstrating openness and accountability into how investigations take place. Releasing the information may better inform the public and encourage others to come forward to report criminal offences if they know a proper investigation will be undertaken. All police investigations involve the use of public funds and this information could allow the public to make informed decisions about police procedures and the money spent in this business area.

Factors Favouring Retention – Section 30

The information requested is held for the purposes of investigations and therefore if the PSNI were to release the requested information at this time it could seriously compromise and undermine investigations, thus hindering the course of justice by prematurely releasing information resulting in loss of evidence or alerting a suspect. Also, any disclosure could infringe on a suspect’s right to a fair trial and also the rights of the victims if a prosecution were to fail due to disclosure of the information. There is a strong public interest in maintaining the Section 30 exemption in order to protect witnesses, and in not deterring potential witnesses from making statements for fear that their evidence might not be treated in confidence. Also for maintaining the independence of the judicial and prosecution process and preserving the criminal court as the sole forum for determining guilt.

Decision

The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The PSNI will not divulge information if to do so would adversely affect the role of the PSNI.  Whilst there is a public interest in the transparency of the law enforcement role of the Police Service and providing assurance that the PSNI is appropriately and effectively dealing with crime, there is a strong public interest in safeguarding the integrity of the police service. The PSNI has a duty to fulfil its law enforcement role and whilst there is a public interest in the transparency of policing activities and the appropriateness of how public funds are allocated, in Policing, the delivery of effective law enforcement is a priority. 

The release of information under the Freedom of Information Act is a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.

It would therefore not be in the public interest to release information which would in turn impact on police resources and lead to more crime being committed, placing individuals at risk and an investigation or the outcome of subsequent proceedings could be compromised.

Consequently it is in the public interest to withhold some of the information you seek.

On this basis it has been decided that the balance of the public interest favours withholding some of the information you have requested at this time.