Sexual Offences - 1012/14
Dated: 06 Jan 2015
Date of request: 03/12/14
Date of response: 02/01/15
Provision of informati11 held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 3 December 2014 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
This Freedom of Information request refers to the Sexual Offences Act 1956 and the offence of ‘Intercourse with a Girl between thirteen and sixteen’ (CHAPTER 69 4 and 5 Eliz 2, Section 6).
Under the FOI act I would like to request the number of complaints for this offence reported to police since 1 January 2005, but for which the alleged offence took place in 2003 or earlier.
Offences which allegedly took place in 2003 or earlier would be charged under the 1956 act as the Sexual Offences Act 2003 cannot work retrospectively and offenders must be tried ‘as the law was at the time of the offence’.
I request that the response states the number of these reports which eventually led to someone being charged. Please state the outcome for each eg. NFA.
(If these reports are recorded under Home Office counting codes, rather than the law, please inform me so I can modify the wording of this request.)
We have now had the opportunity to fully consider your request and I provide a response for your attention.
Following receipt of your request, searches were conducted with the Crime Department of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police.
I am able to disclose the located information to you as follows.
Searches have been made on the current HO codes from the Sexual Offences Act 2003 which are most relevant to what the request is asking for from the 1956 Act. This includes 022/06 Sexual activity with female child under 16 - offender 18+ - penetration and 022/12 Sexual activity with female child under 16 - offender u18 - penetration. Searches were made for crimes recorded 01/01/2005 and 30/11/2014, which produced 15 crimes.
Below is the offender outcome:
3 x Charged - Indecent assault female under 16 (offences pre 01/05/04
2 x Charged - Sexual intercourse with girl under 16 (offences pre 01/05/04)
7 x NFA
1 x Crime was disposed as an administrative detection. This outcome related to a crime recorded in 2006 when that disposal type was available.
1 x Police bail enquiries
1 x Investigation ongoing
The police bail enquiries and investigation ongoing are for crimes recorded this year.
Additionally Northumbria Police can neither confirm nor deny that it holds any other information with regard to an exempt body as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemption:
Section 23(5) Information Supplied by, or concerning, certain Security Bodies
Section 23 is a class based absolute exemption and there is no requirement to consider the public interest in their case.
Due to the different methods of recording information across 43 forces, a specific response from one constabulary should not be seen as an indication of what information could be supplied (within cost) by another. Systems used for recording these figures are not generic, nor are the procedures used locally in capturing the data. For this reason responses between forces may differ, and should not be used for comparative purposes.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.