The use of the Police, Crime Sentencing Courts Act(PCSC) 2022 for suicidal persons

Freedom of information request reference no: 01.FOI.23.0028294

I note you seek access to the following information:

1. How many suicidal persons/persons at height have been arrested on suspicion of causing a public nuisance since the legislation came into force in November 2022

2. Is it standard procedure for suicidal persons/persons at height to be arrested on suspicion of causing a public nuisance

The request follows numerous reports of suicidal persons being arrested under the Police, Crime, Sentencing and Courts Act 2022, one as recently as today (Thu 19 Jan), where a man was arrested ln suspicion of causing a public nuisance after threatening to jump from the Blackwall Tunnel.

Decision

The Metropolitan Police Service neither confirms nor denies that it holds the information you have requested as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply. Therefore, 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(5A)(5B) – Personal Information

Reason for decision

Q1 - How many suicidal persons/persons at height have been arrested on suspicion of causing a public nuisance since the legislation came into force in November 2022

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual. In most cases, Personal Data is exempt from disclosure under the Freedom of Information Act.

To confirm or deny whether personal information exists in response to your request could publicly reveal information about an individual or individuals, thereby breaching the right to privacy afforded to persons under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). Where an individual is requesting his or her own personal data the information is always exempt. Such information can be requested under other legislation. Where an individual is requesting third party personal data the MPS must ensure that any action taken adheres to the principles of the Data Protection Act 2018 and the UK GDPR. To clarify, the Freedom of Information Act only allows disclosure of personal data if that disclosure would be compliant with the principles for processing personal data.

These principles are outlined under section 34 of the DPA 2018 and under Article 5 of the UK GDPR.

Disclosure

Q2 - Is it standard procedure for suicidal persons/persons at height to be arrested on suspicion of causing a public nuisance

It is not standard procedure for suicidal persons, whether at height or not, to be arrested on suspicion of causing a public nuisance.

Persons who are suicidal, would be considered to be vulnerable. Whilst there are various options open to all Police Officers to deal with vulnerable people (which would include arrest for a variety of offences), in general these type of incidents will be dealt with as a health issue and the likelihood of a suicidal person being arrested is very low.