Guidance for declining to arrest an alleged offender on scene
Freedom of information request reference no: 01.FOI.24.037607
I note you seek access to the following information:
- Please kindly provide any materials which set out the factors to be considered when deciding whether it is necessary to arrest a suspect, or whether it may rather be suitable for an officer to satisfy theirselves of the suspect’s name and address with a view to calling them back in for a voluntary interview pending eg CCTV inquiries in slow time.
- Consider a scenario where officers have responded to a 999 call where the victim has alleged assault and/or attempted theft of their phone with a view to attempting to erase, or simply destroy, any mobile video footage that might evidence the suspect’s assault of the complainant, and the suspect is interpreter apprehended on scene. When is immediate arrest or simply eliciting the suspect’s details appropriate?
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 84 – Means information recorded in any form
Reason for decision
I am guided by Section 84 of the Act which states:
"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. It does not require public authorities to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about 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."
I have today decided to disclose some of the requested information. Please see below and attached in relation to question 1.
With regards to question 2, I have decided that, in accordance with Section 8 of the Freedom of Information Act 2000 (The Act), your enquiry is not considered a valid request.
Your request for information is worded in a way that you appear to be asking for an opinion around a hypothetical scenario.
In general, any response provided under FOIA is based on information held by the MPS. Under FOIA, the MPS is not obligated to create new information to satisfy a FOIA request if there is no specific policing purpose for that information.
Disclosure
The decision on whether an arrest should be made and then interview conducted, or whether the interview would be suitable by way of VA is governed by PACE, not MPS policy. Please find attached guidance document take from our intranet.
Please see below link to Code G of PACE in relation to Police arrest powers where at 1.3 the code states ‘The use of the power must be fully justified and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means’