Information on fugitives from March 2021 to March 2022
Freedom of information request reference no: 01.FOI.22.023809
I note you seek access to the following information:
1. If an individual is wanted by MPS/courts, does this wanted status always last until the person is arrested, or does it depend on the seriousness of the offence? E.g. might a murder suspect be wanted for life whereas a shoplifting suspect might only be wanted for several years?
2. Is there a specified time period, depending on offence, after which the MPS no longer actively attempts to track down and arrest a wanted suspect?
3. Likewise, can a fugitive's 'wanted' status be withdrawn, excluding the death or arrest of the individual? What would the procedures be to review & withdraw?
4. Can you provide any statistics on how many individuals who were previously wanted by MPS, have had their wanted status 'removed' or withdrawn (excluding those arrested by MPS and hence resulting in them no longer being wanted) in the calendar years 2020 and 2021?
5. Without prejudicing public security, please briefly explain the steps taken by MPS once an individual is flagged as 'wanted', and provide a rough timeframe. E.g: calls to family members and associates within x days, visit to known addresses within z days, and so on.
As for the further information you require:
By 'wanted suspect' my original intent was to include anybody who has fled justice following an initial encounter (the same definition would apply to all questions within my request), and as such I used it interchangeably with 'fugitive'. I would assume this includes individuals on bail who have failed to surrender at a police station or court, among other scenarios, but excludes, for example, suspects in an investigation who MPS have the power to arrest, but have simply not yet been arrested. I am not sure what category the specific types of warrants you have mentioned would fall under.
However, as you state that for 'suspect power of arrest' you are unable to separate the numbers any further, I would be happy for MPS to provide a single total number. I assume this only applies for the question on removal/withdrawal statistics (Q4 of the updated question list as above) since the other questions relate to policies and procedures and should be unaffected.
Ideally, if the responses to Q1-3 and 5 would depend on the type of circumstances under which the individual became wanted by police, I would like MPS to provide separate details for each type.
As for the question regarding the average time taken to arrest a wanted suspect, I will be happy for it to be removed.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 40(2)(3)&(4) – Personal Information
Reason for decision
Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Act within which a request for information can be answered. The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.
Details of an investigation could cause an individual to be identified and is therefore exempted in this case.
Section 3 of the Data Protection Act 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.
The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.
Some of the information sought under your Freedom of Information request includes the following which we consider to be Personal Data
• Low numbers of people in report 22-023809 Table 1: Warrants Withdrawn, by Disposal Outcomes, between 01/03/2021 and 31/03/2022, that could, if fully disclosed, identify an individual.
Where the request is seeking access to third party personal data the section 40(2) exemption may be engaged.
In order to apply the Section 40(2) exemption the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3A, 3B and 4A of the Freedom of Information Act 2000 (as amended by
Section 58 of the Data Protection Act 2018).
The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.
There are six Data Protection principles set out in the 2018 act and these can be found at section 34.
In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.
Disclosure
Regarding questions 1, 2 and 3. First part of the FOI request.
Q1 - If an individual is wanted by MPS/courts, does this wanted status always last until the person is arrested, or does it depend on the seriousness of the offence? E.g. might a murder suspect be wanted for life whereas a shoplifting suspect might only be wanted for several years?
The warrant remains until it is removed via the court.
Q2 - Is there a specified time period, depending on offence, after which the MPS no longer actively attempts to track down and arrest a wanted suspect?
The MPS actively seeks to apprehend wanted offenders, all cases are reviewed periodically.
Q3 - Likewise, can a fugitive's 'wanted' status be withdrawn, excluding the death or arrest of the individual? What would the procedures be to review & withdraw?
Yes it can, a process GDC29 exists to remove outstanding warrants from the court system.
Q3 - Can you provide any statistics on how many individuals who were previously wanted by MPS, have had their wanted status 'removed' or withdrawn (excluding those arrested by MPS and hence resulting in them no longer being wanted) in the calendar years 2020 and 2021?
The harm of disclosure is reduced by redacting the report 22-023809, Table 1: Warrants Withdrawn, by Disposal Outcomes, between 01/03/2021 and 31/03/2022.
- W (Withdrawn) - Low numbers have been removed as so individuals would not be identified in the data or even self-identify.
- Z8 (Withdrawn as a result of Police/CPS Application [GDC29]) - Low numbers have been removed as so individuals would not be identified in the data or even self-identify.
- Z13 (Warrant Withdrawn by the Court regarding admin/error type issue) - Low numbers have been removed as so individuals would not be identified in the data or even self-identify.
Q5 - Without prejudicing public security, please briefly explain the steps taken by MPS once an individual is flagged as 'wanted', and provide a rough timeframe. E.g. calls to family members and associates within x days, visit to known addresses within z days, and so on.
Every Wanted Person Record is circulated as wanted on PNC. Each is assigned an OIC and it is their responsibility to make efforts to locate and arrest the Subject. There are various types of wanted records, the main two being Power of Arrest Warrants for individuals yet to be charged and Fail to Appear (at Court) Warrants where the subject has already been charged.
Power of Arrest Warrants: Prior to circulation the OIC is expected to have undertaken what are call 1st Phase Checks, detailed on the MPS Intranet which must include a visit to the last known address, enquiries with families and databases. If shown as not residing then they are circulated. Officers are then expected to update the report with regular checks, often called 2nd Phase Checks which are more specific and a rough guide is the report should be reviewed at least every 3 months.
In relation to Fail to Appear Warrants, the OIC is notified on the day of/after the absence and directed to make a visit at Last known address within 48hrs. If negative the OIC is expected to make ongoing enquiries again updating the record at least every 3 months.
Some BCUS have Fugitive Teams whose sole role is to locate and arrest Outstanding Offenders and review a number of warrants at varying times without ever formally becoming the OIC.