S63G applications 2022/23
Freedom of information request reference no: 01.FOI.24.035444
I note you seek access to the following information:
According to the Biometrics and Surveillance Camera Commissioner's annual report 2022 to 2023, MPS made 71 s63G applications to retain DNA and fingerprints in 2022/23 (table: paragraph 20)
1. Please provide a breakdown of the allegations these 71 applications related to eg sexual, violence, theft.
Paragraph 23 of the report states:
'23. The Police and Criminal Evidence Act 1984 (PACE) provides that s63G applications may be made on two statutory bases: that one or more victim criteria are met (i.e. the victim was under 18 at the time of the alleged offence, that the victim was vulnerable, or that the victim was associated with the subject of the application at the time of the alleged incident) or, where the victim criteria does not apply, the retention of the biometric material is necessary to assist in the prevention or detection of crime.'
2. Please provide a breakdown of the 71 s63G applications by statutory basis ie Under 18, Vulnerable, Associated with subject of the application and Prevention/detention of crime.
3. Please provide the number of s63G applications you made in 2022/23 that were refused.
Paragraph 25 of the report states:
'25. The subject of s63G applications (or their appropriate adult if applicable) can submit representations to challenge the s63G application that has been made.'
4. Please provide the number of subject challenges you received relating to the 71 s63G applications.
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Q1 - Please provide a breakdown of the allegations these 71 applications related to eg sexual, violence, theft.
| Offence Group | Total applications |
| Murder, Attempts & Threats to Kill | 0 |
| Sexual Crimes | 19 |
| Assaults | 30 |
| Robbery | 14 |
| Burglary | 5 |
| Other | 3 |
| Total | 71 |
Q2 - Please provide a breakdown of the 71 s63G applications by statutory basis ie Under 18, Vulnerable, Associated with subject of the application and Prevention/detention of crime
| Victim criteria | Applications |
| Under 18 – s63G(2)(a) | 14 |
| Vulnerable – s63G(2)(b) | 11 |
| Associated with subject of the application - s63G(2)(c) | 29 |
| Prevention/detection of crime – s63G(3) | 17 |
| Total | 71 |
Q3 - Please provide the number of s63G applications you made in 2022/23 that were refused.
| Approved | Refused |
| 70 | 1 |
Q4 - Please provide the number of subject challenges you received relating to the 71 s63G applications
| Challenges made |
| 6 |
Five of the six challenges were still approved and not upheld.
With just one being upheld based on the facts of the challenge.
The subject or appropriate adult of the application applies directly to the Biometric Commissioner for consideration of a challenge and not to the Police.