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Enquiry Reference: 432- 25
I write in connection with regards to your Freedom of Information request. Below is your request and our response.
1) For each of the last 3 financial years and this year to date, how many Section 61 offences ( under the Sexual Offences Act 2003), HO code 08805, have been recorded by the force?
Number of crimes recorded with a HO code of 088/05
Answer
2022/23 - 10
2023/24 - 6
2024/25 – 0
2) For each of the last 3 financial years and this year to date, how many Section 61 offences ( under the Sexual Offences Act 2003), HO code 08805, have been recorded by the force where the location of the crime was a residential property? E.g. House/flat/apartment
Of the above, with a MO location description of dwelling. Please note that this detail isn't available for all crimes.
Answer
2022/23 - 2
2023/24 - 1
3) For each of the last 3 financial years and this year to date, how many Section 61 offences ( under the Sexual Offences Act 2003), HO code 08805 have been recorded alongside any of the following: Controlling or Coercive Behaviour in an intimate family or relationship, common assault, battery, Making a threat to kill, Assault occasioning actual bodily harm, Strangulation and suffocation, Unlawful wounding/inflicting grievous bodily harm, Wounding/causing grievous bodily harm with intent, Attempted murder, domestic violence.
For anything else we would rely on the following:
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1 (1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Sec 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.
Having made enquiries within the Force over 26,000 violent offences have been recorded over the last 12 months which would require a manual investigation into each record to find the information in question 3. It is estimated that this would take in excess of the appropriate time stipulated by the Secretary for Constitutional Affairs, Lord Falconer on the 18th Of October 2004, that is, eighteen hours.
This falls under the exemption of 'Compliance exceeding the appropriate limit' covered by Section 12 (1) of the Freedom of Information Act 2000 and as such this work could not be undertaken.
Therefore, please treat this as a refusal notice under S17 of the Freedom of information Act. Once one part of the request is over the time specified the whole request is. However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and as a gesture of good will outside of the Act we have provided the information we have been able to retrieve before the time limit was exceeded.
Please note that all statistical data supplied in relation to Freedom of Information requests is a snapshot of data held at the time the request was received by the Freedom of Information office and is subject to constant change/updates.
If you are not satisfied with this response or any actions taken in dealing with your request, you have the right to request an independent internal review of your case under our review procedure. The Freedom of Information Code of Practice (see below link) states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced. Public authorities are not obliged to accept internal reviews after this date.
https://www.gov.uk/government/publications/freedom-of-information-code-of-practice
Yours sincerely
Information Rights Decision Maker