Request concerning cautions and brief descriptions.

Summary

The Isle of Man Constabulary responded to a request for detailed caution statistics and offence descriptions from 2014 to 2017, providing aggregate counts by offence type but withholding specific brief details due to personal data exemptions.

Key Facts

• The request covered caution data from January 1, 2014, to October 2017.
• A total of 3,116 cautions were issued across the requested period.
• Specific brief details of offences were withheld because they contained names and registration numbers.
• The Constabulary noted that cautioning decisions are made by multiple authorities, not just the police.
• The data represents a count of offences, not unique individuals, as some received multiple cautions.

Data Disclosed

• 3116
• 831
• 725
• 845
• 715
• 2014
• 2015
• 2016
• 2017
• 102
• 13
• 15
• 11
• 7
• 5
• 2
• 1

Exemptions Cited

• Section 25 (absolutely exempt personal information)

Data Tables (8)

Full Response Text

Page 1 of 7

MEOIRYN SHEE-ELLAN VANNIN

ISLE OF MAN CONSTABULARY Freedom of Information

14th November 2017

REFERENCE NUMBER: IM108610I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request dated 30th October 2017 Your request For each calendar year commencing 1st January 2014 including the current calendar year to date please provide details of the number of cautions given by the IOM Constabulary to individuals together with the offence description and brief details of the offence for which each caution was issued e.g. [offence description] “Assault occasioning Actual Bodily Harm” [brief details] “Punch to face of victim causing cut lip”

For reference you may wish to view the response (which indicates the format for the answer which I request above) given by your colleagues in the Northumbria Constabulary to FOI 47/12 dated 8 February 2012 which can be accessed online at:

https://www.northumbria.police.uk/freedom_of_information/disclosure_log/disclosure_log_crime_s tatistics/cautions_4712/

In addition, for each calendar year or part thereof in the case of the period 1 January 2017 to date how many cautions were given to:

Persons aged 16 years or under; and Persons seventeen years of age.

Upon further correspondence you amended this request:

That brief details (necessarily redacted where required e.g. vehicle registration details) be provided for all offences which resulted in a caution over the period requested (1st January 2014 – to the date of the FOI Request) except for the following offences:

Page 2 of 7

Exceeding speed limit (except where the offender has been recorded as being double or more over the speed limit);

Minor vehicle defaults (e.g. defective windscreen wipers, infringement of number plate regulations etc);

Careless driving (with the exception of those careless driving offences which resulted in an injury or fatality);

Failing to wear a seat belt;

Drunk and Disorderly;

Drunk and Incapable;

Response to your request
I enclose a copy of most of the information you requested in the closest that the Constabulary is able to according to its records held. The example that was provided to the Constabulary is a UK system where the recording and/or sample set is unknown but is not one which the Constabulary is able to produce.
The Isle of Man Constabulary acts as the defacto holder of the criminal record for individuals on the Isle of Man. However the Constabulary is not the only authority that makes decisions on cautioning. The Constabulary has produced a record which shows all of the cautioning activity but it should be remembered that there are a number of other authorities which are capable of recommending cautions as a disposal for offences. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) s.25 (absolutely exempt personal information) of the Act applies to that information. The reasons why that exemption(s) applies are that the full summary contains names and registration numbers and these are examples of personal data. The Constabulary would also like to highlight that cautions are applied on a case by case basis and that there may be more to a case than the brief snapshot which has been provided in response to this FOI request. Please see the following sheets which contain the full result:

Details of request

For each calendar year commencing 1st January 2014 including the current calendar year to date please provide details of the number of cautions given by the IOM Constabulary to individuals together with the offence description brief details of the offence for which each caution was issued have not been provided as it was not possible to depersonalize the offence summary.

Page 3 of 7

Number of cautions in each year: Description 2014 2015 2016 2017 Jan- Oct Grand Total Grand Total 831 725 845 715 3116 Note: this is a count of offences for which a caution was issued, not a count of individuals cautioned (some individuals received cautions for more than one offence in the same prosecution)

Offence Description 2014 2015 2016 2017 Jan- Oct Grand Total ABANDON/DROP/DEPOSIT LITTER 1 1 2 ABSTRACTION OF ELECTRICITY 1 1 2 ACTUAL BODILY HARM 3 1 2 2 8 AID & ABET SUMMARY OFFENCE 1 1 AID, ABET, PERMIT INSURANCE OFFENCE 3 4 1 7 15 AID,ABET,COUNSEL,PROCURE, PERMIT D/L OFFENCE 1 4 6 11 ARSON 2 3 2 7 ARSON WITH INTENT TO DAMAGE/DESTROY PROPERTY 1 1 ASSAULT ON FEMALE 2 2 7 2 13 ASSAULT ON PEACE OFFICER 2 1 2 5 ASSISTING OFFENDERS 1 1 ATTEMPT TO PERVERT THE COURSE OF JUSTICE 1 1 2 ATTEMPTED THEFT 1 1 BREACH OF CONDITIONS OF FIREARM CERTIFICATE 1 2 2 5 BREACH OF CONDITIONS OF REGULATED WEAPON CERT 1 1 BREACH OF COURT ORDER 1 1 2 BREACH OF REPORTING RESTRICTIONS 1 1 BURGLARY (DWELLING) 1 1 BURGLARY (OTHER) 3 3 BYE-LAWS OFFENCE (NOT HARBOURS) 1 1 CARRY PASSENGERS WAY POSSIBLY CAUSE DANGER 2 2 CAUSE OBSTRUCTION, DANGER, ETC ON HIGHWAY 1 1 CAUSE SERIOUS BODILY HARM BY CARELESS/INCONSIDERATE DRIVING 1 1 CAUSE, PERMIT, AID & ABET UNLICENSED VEHICLE 1 2 2 1 6 CAUSING UNNECESSARY OBSTRUCTION 1 1 2 CAUSING UNNECESSARY SUFFERING TO ANIMAL 1 1 COMMON ASSAULT 20 24 35 23 102 COMPUTER SECURITY ACT 1992 1 1 CRIMINAL DAMAGE 19 7 29 19 74 CRIMINAL DAMAGE TO MOTOR VEHICLE 3 10 8 21 CRIMINAL DAMAGE W/I DAMAGE/DESTROY PROPERTY 3 1 4 CRUELTY/NEGLECT TO PERSONS UNDER 16 YEARS 1 2 2 5 CULTIVATION OF CANNABIS 4 1 3 1 9 DANGEROUS DRIVING 1 1 DISORDERLY BEHAVIOUR ON LICENSED PREMISES 12 8 12 6 38 DOG CAUSING A NUISANCE / ANNOYANCE 7 2 6 6 21 DOG WORRYING LIVESTOCK 1 1 2 DRIVE VEHICLE EXCEEDING PRESCRIBED LIMIT 2 2 DRIVE WITHOUT DUE CARE AND ATTENTION 276 271 200 177 924 DRIVING OTHER THAN ON A ROAD 7 12 19 Page 4 of 7

DRIVING WHILST DISQUALIFIED BY COURT 1 1 DRIVING WITHOUT A DRIVING LICENCE 21 13 22 23 79 DRIVING WITHOUT REASONABLE CONSIDERATION 2 2 2 2 8 DRIVING/USING WITHOUT INSURANCE 17 20 17 17 71 DRUNK & DISORDERLY BEHAVIOUR - LICENSED PREM. 3 2 1 6 DRUNK AND DISORDERLY BEHAVIOUR 48 38 49 18 153 DRUNK AND INCAPABLE 22 18 23 8 71 DRUNK AND INDECENT 4 2 2 4 12 DRUNK IN CHARGE OF CHILD UNDER 10 YEARS 1 1 1 1 4 ESCAPE FROM LAWFUL CUSTODY - POLICE 1 1 EXCEEDING STATUTORY SPEED LIMIT 13 20 24 39 96 FAIL TO COMPLY - PUBLIC HOUSE LICENCE 1 1 FAIL TO COMPLY WITH POINT DUTY P.C'S SIGNAL 1 1 FAIL TO DISPLAY RED LIGHTS TO THE REAR 1 1 1 3 FAIL TO DISPLAY REGISTRATION MARK ON VEHICLE 2 2 4 FAIL TO DISPLAY WHITE LIGHTS TO THE FRONT 1 1 2 FAIL TO ILLUMINATE REAR NUMBER PLATE 1 1 FAIL TO MAINTAIN OBLIGATORY LIGHTS ON VEHICLE 6 2 1 9 FAIL TO NOTIFY CHANGE OF DETAILS 1 1 FAIL TO NOTIFY CHANGE OF OWNERSHIP 5 4 5 7 21 FAIL TO PRODUCE DRIVING LICENCE 1 2 3 6 FAIL TO PRODUCE INSURANCE 3 1 4 FAIL TO PROVIDE SPECIMEN FOR ANALYSIS 2 2 FAIL TO QUIT LICENSED PREMISES 2 1 3 FAIL TO SET HANDBRAKE - LEAVE VEHICLE 12 7 10 4 33 FAILING TO COMPLY WITH TRAFFIC SIGN 28 31 49 47 155 FAILING TO EXHIBIT VEHICLE LICENCE 1 1 2 1 5 FAILING TO REPORT ACCIDENT 4 7 5 4 20 FAILING TO STOP AFTER ACCIDENT 5 5 5 4 19 FALSE DECLARATION TO OBTAIN FIREARM CERT. 1 1 FOUND DRUNK 2 5 2 4 13 FOUND ON ENCLOSED PREMISES 1 5 6 FRAUDULENT USE OF VEHICLE LICENCE 1 1 FRAUDULENTLY ALTER VEHICLE LICENCE 1 1 HANDLING STOLEN GOODS 1 1 2 4 HARASSMENT OF PERSON 1 4 3 3 11 HARBOURING 3 3 IMPERSONATE POLICE OFFICER 1 1 INDECENT ASSAULT ON FEMALE 1 3 4 INDECENT EXPOSURE 1 1 KEEP/USE UNLICENSED MOTOR VEHICLE 44 26 57 38 165 KEEP/USE UNREGISTERED VEHICLE 1 2 2 5 LEAVE MOTOR VEHICLE WITH ENGINE RUNNING 2 2 3 1 8 LICENSEE PERMIT DRUNKENESS ON PREMISES 1 1 MAKING-OFF WITHOUT PAYMENT 1 1 1 3 MOTOR CYCLE HELMET OFFENCE 1 1 NEGLECT OF CHILD UNDER 7 YEARS 2 2 NO DOG LICENCE 7 1 1 9 NO REAR REFLECTORS 1 1 NOISE ACT OFFENCE
1 1 OBSTRUCT POLICE OFFICER 1 2 1 4 Page 5 of 7

OBTAINING GOODS BY DECEPTION 1 3 1 5 OBTAINING PECUNIARY ADVANTAGE 2 2 OBTAINING SERVICES BY DECEPTION 1 1 OFFENCE AGAINST THE PROCEEDS OF CRIME ACT 2008 3 1 4 OFFENDING PUBLIC DECENCY 1 1 2 PARKING IN A DANGEROUS POSITION 2 2 PARKING OFFENCE - GENERAL 1 1 2 1 5 PEDAL CYCLE LIGHTING OFFENCE 1 1 PEDESTRIAN CROSSING OFFENCE - PARKING 1 1 2 PEDESTRIAN CROSSING OFFENCE (MOVING) 1 1 1 3 PERMIT DOG TO BE AT LARGE 7 5 6 18 PERMIT USE OF PREMISES FOR SMOKING CANNABIS 1 1 POSSESS REGULATED WEAPON WITHOUT CERTIFICATE 2 4 3 9 18 POSSESSION OF A PROHIBITED ARTICLE 1 2 5 6 14 POSSESSION OF CLASS A DRUGS 2 4 6 7 19 POSSESSION OF CLASS B DRUGS 18 25 39 37 119 POSSESSION OF CLASS B DRUGS W/I TO SUPPLY 1 1 POSSESSION OF CLASS C DRUGS 3 1 2 6 POSSESSION OF INDECENT IMAGES OF CHILDREN 1 1 POSSESSION OF OFFENSIVE WEAPON - PUBLIC PLACE 6 1 2 9 POSSESSION OF PART 1 AMMUNITION W/OUT CERT. 3 3 POSSESSION OF PART 1 FIREARM WITHOUT CERT. 1 1 2 4 POSSESSION OF PROHIBITED WEAPON 1 1 PRODUCTION OF CLASS B DRUGS 3 1 4 PRODUCTION OF CLASS C DRUGS 2 2 PROVISIONAL LICENCE HOLDER - NO CBT CERTIFICATE 1 2 3 PROVISIONAL LICENCE HOLDER - NO 'L' PLATES 1 4 3 4 12 PROVISIONAL LICENCE HOLDER UNSUPERVISED 2 2 PROVOKING BEHAVIOUR 19 9 6 7 41 PURCHASE INTOXICANTS CONTRARY TO COURT ORDER 1 1 PURCHASE OF INTOXICANTS BY UNDER AGE PERSON 1 1 R PLATES OFFENCE 2 2 4 2 10 REGISTRATION MARK OF INCORRECT SIZE/SHAPE ETC 4 4 RESIST ARREST 3 1 4 RIDING PEDAL CYCLE WHILST UNFIT 1 1 SALE OF INTOXICANTS TO PERSON(S) UNDER AGE 1 1 SCHOOL CROSSING PATROL OFFENCE 1 1 SEAT BELT OFFENCE - WEARING 7 5 6 5 23 SEC1 AFFRAY - USES VIOLENCE OR THREATENS VIOLENCE 1 3 1 5 SEC2 FEAR OR PROVOCATION OF VIOLENCE 4 1 1 1 7 SEC3 HARASSMENT, ALARM OR DISTRESS 22 14 10 16 62 SOCIAL SECURITY OFFENCE(S) 5 7 13 7 32 SUPPLY OF CLASS A DRUGS 1 1 SUPPLY OF CLASS C DRUGS 1 1 TAKING CONVEYANCE - MOTOR VEHICLE 1 1 2 4 THEFT (FROM DWELLING) 3 1 4 THEFT (FROM EMPLOYER) 2 2 1 5 THEFT (FROM HOTEL) 1 1 THEFT (FROM MOTOR VEHICLE) 1 1 THEFT (FROM PERSON) 3 1 1 5 THEFT (FROM SHOP) 27 21 19 22 89 Page 6 of 7

THEFT (UNCLASSIFIED) 6 8 6 6 26 THEFT OF MOBILE PHONE 1 1 THEFT OF PEDAL CYCLE 1 1 U.S.I. WITH FEMALE UNDER 16 YEARS 1 1 2 UNAUTHORISED PERSON ON CLOSED ROADS 1 3 4 UNAUTHORISED VEHICLE ON CLOSED ROADS 1 7 5 13 USE MOBILE PHONE WHILST DRIVING 25 12 5 4 46 USING TELEPHONE SYSTEM TO ANNOYANCE ETC 8 5 1 2 16 UTTERING WITH INTENT TO DECEIVE 1 2 1 4 UTTERING WITH INTENT TO DEFRAUD 1 1 VEHICLE BRAKES OFFENCE 1 1 2 VEHICLE EMITTING SMOKE, OIL, GRIT, SPARKS ETC 1 1 VEHICLE EXHAUST SYSTEM OFFENCE 1 1 VEHICLE HORN OFFENCE 1 1 VEHICLE IN DANGEROUS CONDITION 5 6 3 1 15 VEHICLE TYRE OFFENCE 11 9 16 6 42 VEHICLE WEIGHT OFFENCE 2 2 VEHICLE WINDSCREEN WIPER/WASHER OFFENCE 1 1 VEHICLE WITH INSECURE OR DANGEROUS LOAD 3 1 5 9 WASTING POLICE TIME 1 1 2 WILDLIFE ACT 1 1 Grand Total 831 725 845 715 3116

In addition, for each calendar year or part thereof in the case of the period 1 January 2017 to date how many cautions were given to:
Persons aged 16 years or under; and
Persons seventeen years of age.

It should be noted that responses in respect of Police Cautions for juveniles do not include the likes of Reprimand, Final Warning, Minority Reports, Juvenile Alcohol Referral schemes and Juvenile Traffic Schemes or other alternatives to cautioning to divert young people from the criminal justice alternatives to disposal for cases. Reprimands etc, are alternatives to cautioning and part of the Isle of Man Constabulary multi agency work on restorative justice and other alternative less punitive sanctions.

Cautions issued
(some cautions for offences were issued to the same individual in the same prosecution) Age at date of offence 2014 2015 2016 2017 (Jan-Oct) 16 and under 4 3 28 20 17 13 5 21 19

Yours sincerely

Freedom of Information Officer

Page 7 of 7

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to The Freedom of Information Officer, Isle of Man Constabulary, Dukes Avenue, Douglas, IM2 4RG. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me.