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Freedom of information request reference no: 01.FOI.24.035765
I note you seek access to the following information:
Please kindly provide statistics of how many arrests for breach of the peace have been made in each of the last 20 years, or however many years would be possible to provide data for without exceeding appropriate limits as to costs.
(Is it possible for a breach of the peace incident to be recorded without it resulting in any arrest? If so, how?)
Of these, how many have been booked into custody suites?
And, how many have been brought before magistrates in relation to the breaches of the peace?
Of these, if it is possible to disclose and would not exceed costs to do so, how many of those cases have resulted in actual binding over orders by the magistrates, or otherwise been affirmed as true breaches of the peace by the magistrates courts?
Please kindly skip any of these questions which there may be any appropriate reason for skipping.
If possible could you also please indicate what percentage of these BOTP incidents were connected in some way with football fans?
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
The report below provides information in response to the following questions:
Question 2. How many have been booked into custody suites?
Question 3. Detainees with offence of Breach of the Peace, with Court Disposal
Question 4. Detainees whose offence contained ‘Bind Over’, and Disposal is To Court.
Please ensure that the data provided is read in conjunction with the notes page of the attached spreadsheet to ensure correct interpretation of the data provided.
I note that you have asked us to skip any questions where there may be an appropriate reason for skipping. In line with this please be advised:
Firstly, we do not hold information prior to 2009, or if held, it is not held in a readily retrievable format.
We do not record information in relation to individuals brought before magistrates in relation to breaches of the peace, or if recorded it is not held in a readily retrievable format.
It would not be possible, within the appropriate cost limit, to identify the percentage of BOTP incidents that were connected in some way with football fans.
With reference to your questions asking “Is it possible for a breach of the peace incident to be recorded without it resulting in any arrest? If so, how?”
Please be advised that these questions are invalid under Section 8 of the Act as they are not requesting recorded information but are seeking a general explanation. To respond to these questions it would be necessary to create information and there is no requirement for public bodies to do so under the Act.
Information is defined in Section 84 of the Act as 'Information recorded in any form'. The Act therefore only extends to requests for recorded information. The Act does not extend to requests for opinion, information or advice about legislation, policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form.
You may wish to consider the ICO’s guidance titled ‘How to access information from a public body’, in particular the guidance under the headings ‘How should I word my request to get the best result’ and ‘Information dos and don’ts’ which is available via the following link: ICO - How to access information from a public authority