Necrophilia Offences

Request Number: FOI/15198

Category: Incident and Crime Statistics – Sexual Offences

Subject: Necrophilia Offences

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 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 Details
I am writing to request information about unnatural sexual offences recorded by police forces under the Freedom of Information Act.
 
Request 1
Please could you provide the number of recorded offences under Section 70 of the Sexual Offences Act 2003 ("sexual penetration of a corpse”) between 2020 and 2025 (if available), broken down by year.
 
If it assists your search, this offence may also be referred to using terms such as necrophilia or sexual interference with a corpse. If any other offence codes or descriptions are used locally for cases involving this conduct, I would appreciate those figures being included as well.

Request 2
If possible within the cost limit, I would also be grateful for:
- The outcome or disposal of each offence (e.g. charge, no further action)
- Whether the victim was identified (e.g. case involving a named deceased individual vs. unknown).

Answer 1 & 2
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 30(1)(a)(i) and Section 30(2)(a)(i) – Investigations and Proceedings - Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of any investigation which the public authority has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. Additionally, information held by a public authority is exempt information if it was obtained or recorded by the authority for the purposes of its functions relating to investigations falling within subsection (1)(a) or (b),

Section 38(1)(a)(b) - Health And Safety: Information is exempt information if its disclosure under this Act would, or would be likely to: (a) endanger the physical or mental health of any individual, or (b) endanger the safety of any individual.

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 30 is a qualified class based exemption and there is a requirement to conduct a public interest test.

Section 38
Section 38 is a qualified prejudice based exemption and evidence of harm together with a public interest test must be made.

Exemptions Explained
Harm
The release of information under Freedom of Information (FOI) 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.

Every effort should be made to release information under FOI. However, to disclose any information held, due to low level figures and the nature of the crime, may prejudice any potential investigations. Disclosing this data may indicate, to those who seek to avoid detection of committing such crimes, if their activities have been detected and investigated. This may lead to them changing their behaviours to avoid detection and could prevent their apprehension by PSNI.

Additionally, the low level figures may lead to identification of victims and there may be negative health and safety implications for any close friends or family of the deceased.

The prevention and detection of crime is the foundation upon which policing is built and the police have a clear responsibility to prevent crime, arrest those responsible for committing crime and those who plan to commit crime. However, there is also a duty of care to the public at large and this must be the overriding consideration.

Public Interest Test
Section 30 – Factors Favouring Disclosure
Disclosure could promote public trust in providing transparency, demonstrating openness and accountability in relation to investigations conducted by PSNI. To release this information would reassure the public that the PSNI is effectively engaging with its investigative role. All police investigations will involve the use of public funds and where this is the case there is always a public interest in ensuring that those funds are not used unnecessarily or unwisely.

Section 30 - Factors Favouring Non-Disclosure
If PSNI were to release the requested information it could compromise and undermine investigations of this nature, thus hindering the course of justice. It would not be in the public interest to release information which would in turn impact on police investigations and could lead to more crime being committed, placing individuals at risk.

Section 38 - Factors Favouring Disclosure
There is a public interest in the openness and transparency of the PSNI and providing the requested information would allow for better informed public awareness.

Section 38 - Factors Favouring Non-Disclosure
The requested material will, if released, could endanger the physical or mental health of family and friends of the victims by causing upset and distress.

Balancing Test/Decision
Release of this information could allow interested parties to gain an awareness of policing activities regrading crimes of this nature and thus investigative opportunities may be severely hampered by the release of the requested information. PSNI must ensure that investigations or future evidence opportunities are not adversely affected by the release of information.

Furthermore, PSNI consider that by releasing may have the potential to identify victims, due to low level data and the nature of the crime. Information released may negatively impact the mental and physical health of surviving relatives or close friends. The health and safety of individuals must take precedence over the importance of public accountability and transparency.

On balance the requirement to withhold this information must therefore take precedence over the important issues of public accountability and transparency. Therefore, the public interest, in this instance, is best served by not releasing the information to which you seek access.