May 06, 2025 | Incident and Crime Statistics , Sexual Offences
Request Number: [FOI/14188]
Category: Incident and Crime Statistics - Sexual Offences
Subject: Offences Against Children
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 some information to which your request relates and this is being provided to you.
Additionally, the information you seek in request numbers 2, 3 and 4 is exempt by virtue of one or both of the following exemptions: Section 30(1)(a)(b); Section 40(2)(a)(b) by virtue of 40(3)(A)(a). We have have detailed our rationale as to why these exemptions apply 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 2024, can you please tell me how many adults were charged with a sexual communication with a child offence (s90 Justice Act (NI) 2015)?
Answer 1
During 2024 there were 71 custody records where a person was charged with at least one offence of sexual communication with a child.
Request 2
In relation to Q.1 above, of these s90 charges, how many were committed against children/young people (under 18 years) who identify as LGBTQ+?
Answer 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)(b) Investigations and Proceedings Conducted by Public Authorities
Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information
Section 30
This 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
Section 30 - Factors Favouring Disclosure
The release of such information which is held for investigation purposes would provide an insight into the police service and enable the public to have better understanding of the effectiveness of the police investigative procedures. Disclosure of the requested information could promote public trust in providing transparency, demonstrating openness and accountability into how investigations take place. By releasing the information it may better inform the public and encourage others to come forward with evidence that could assist in the detection and apprehension of an offender/s 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 particular business area.
Section 30 - Factors Favouring Non-Disclosure
To disclose information in regard to suspects could have detrimental effects which would impact ongoing investigations. 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. Any investigations may be prejudiced by premature release of information resulting in loss of evidence or alerting a suspect, therefore there is a strong public interest in protecting the ability of PSNI to carry out investigations without fear of premature disclosure of information.
Decision
On balance the requirement to withhold information relating to any criminal investigation which may affect the outcome of any court proceedings must take precedence. 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 any ongoing investigations. 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 public would not expect the PSNI to put into the public domain through a FOI release any information that could compromise the PSNI investigation in relation to these incidents. On this basis it has been decided that the balance of the public interest favours withholding the information at this time.
Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information
PSNI are withholding the requested information due to the low level nature of the data and the potential for victims to be identified.
Section 40(2) is an absolute exemption which means there is no requirement on the PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information in relation to names, and therefore this information constitutes information which can identify individuals is ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of S40(3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.
The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not. In particular, the first principle requires personal data to be processed ‘fairly and lawfully’. 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 involved. Individuals must have confidence that their information is treated sensitively and appropriately and we consider those individuals would not have any reasonable expectation that PSNI would disclose such information of this nature about them. The Service has a duty to protect the personal data of all individuals, including members of the public. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore exempt under Section 40(2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold that information.
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 the information is disclosed under 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.
Request 3
In 2024, can you please tell me how many adults were charged with a Sexual grooming pretending to be a child offence under s4 Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022?
Answer 3
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
Section 40(2) of the FOIA is an absolute exemption which means there is no requirement on the PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information in relation to names, and therefore this information constitutes information which can identify individuals is ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of S40(3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.
The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not. In particular, the first principle requires personal data to be processed ‘fairly and lawfully’. 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 involved. Individuals must have confidence that their information is treated sensitively and appropriately and we consider those individuals would not have any reasonable expectation that PSNI would disclose such information of this nature about them. The Service has a duty to protect the personal data of all individuals, including members of the public. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore exempt under Section 40(2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold that information.
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 the information is disclosed under 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.
Request 4
In relation to Q.3 above, of these s4 charges, how many were committed against children/young people (under 18 years) who identify as LGBTQ+?
Answer 4
See answer 2.