Statutory Instruments
CRIMINAL LAW, ENGLAND AND WALES
Made
22nd June 2007
Laid before Parliament
29th June 2007
Coming into force
1st August 2007
The Secretary of State, in exercise of the powers conferred by sections 17A(2) and 114(1) and (2) of the Crime and Disorder Act 1998(1), makes the following Regulation:
1.—(1) These Regulations may be cited as the Crime and Disorder (Prescribed Information) Regulations 2007 and shall come into force on 1st August 2007.
(2) In these Regulations—
“area” means a local government area;
“depersonalised information” means information that does not constitute personal data within the meaning of the Data Protection Act 1998(2);
“general postcode address” means the outward part of the postcode of an address;
“hospital” means a hospital as defined in section 275 of the National Health Service Act 2006(3) that provides services on behalf of a Primary Care Trust or a Local Health Board;
“information period” means each consecutive period of three months beginning on 1st July 2007;
“school” has the meaning given to it in section 4 of the Education Act 1996(4); and
“the 1998 Act ” means the Crime and Disorder Act 1998.
2. The information prescribed for the purposes of section 17A of the 1998 Act is depersonalised information of the description specified in the Schedule for the information period.
3.—(1) The interval at which the information of the description specified in the Schedule is to be disclosed is prescribed for the purposes of section 17A of the 1998 Act as by the end of the information period following that to which the information relates.
(2) The first information period within which information shall be disclosed is the period beginning on 1st October 2007.
4. The form prescribed for the purposes of section 17A of the 1998 Act as the form in which the information of the description specified in the Schedule is to be disclosed is electronically.
Scotland of Asthal, Q.C.
Minister of State
Home Office
22nd June 2007
Regulation 2
1. Information held by the police force for the area on the category of each—
(a)anti –social behaviour incident,
(b)transport incident, and
(c)public safety/welfare incident,
in the area, as defined in accordance with the National Incident Category List in the National Standards for Incident Recording Instructions for Police Forces in England and Wales for 2007/2008, and the time, date and location of each of those incidents.
2. Information held by the police force for the area on the sub-category of each crime classified as—
(a)burglary,
(b)criminal damage,
(c)drug offences,
(d)fraud and forgery,
(e)robbery,
(f)sexual offences,
(g)theft and handling stolen goods,
(h)violence against the person, and
(i)other offences,
in the area, as defined in accordance with the Home Office Notifiable Offences List as at the date of these Regulations, and the time, date and location of each of those crimes.
3. Information held by the fire and rescue authority for the area on the time, date and location of each—
(a)deliberate primary fire (excluding deliberate primary fires in vehicles) in the area,
(b)deliberate primary fire in vehicles in the area,
(c)deliberate secondary fire (excluding deliberate secondary fires in vehicles) in the area,
(d)incident of violence against employees of the fire and rescue authority in the area, and
(e)fire in a dwelling in the area where no smoke alarm was fitted attended by the fire and rescue services of the authority,
as defined in accordance with Fire Statistics, United Kingdom 2005.
4. Information held by the fire and rescue authority for the area on the time and date of each call to the fire and rescue services in the area in relation to a malicious false alarm and the purported location of those alarms as defined in accordance with Fire Statistics, United Kingdom 2005.
5. Information held by the local authority for the area on the time, date and location of each road traffic collision in the area and the number of adults and children killed, seriously injured and slightly injured in each of those collisions.
6. Information held by the local authority for the area on the age and gender of each of the pupils subject to a permanent or fixed term exclusion from state primary and secondary schools in the area, the names and addresses of the schools from which those pupils have been excluded and the reasons for their exclusion.
7. Information held by the local authority for the area on the time, date and location of racial incidents in the area as defined in accordance with Best Value Performance Indicators: 2005/06 published by the Office of the Deputy Prime Minister.
8. Information held by the local authority for the area on the category, time, date and location of each:—
(a)incident of anti-social behaviour identified by the authority, and
(b)incident of anti-social behaviour reported to the authority by the public,
in the area, as defined in accordance with the National Incident Category List in the National Standards for Incident Recording Instructions for Police Forces in England and Wales for 2007/2008 or any other system for classifying anti-social behaviour used by that authority as at the date of these Regulations.
9. Information held by each Primary Care Trust or Local Health Board the whole or any part of whose area lies within the area on the general postcode address of persons resident in the area admitted to hospital, the date of such admissions and the sub-categories of each admission within the blocks—
(a)assault (X85-Y09),
(b)mental and behavioural disorders due to psychoactive substance use (F10-F19),
(c)toxic effect of alcohol (T51), and
(d)other entries where there is evidence of alcohol involvement determined by blood alcohol level (Y90) or evidence of alcohol involvement determined by level of intoxication (Y91),
as classified in accordance with the International Classification of Diseases, Tenth Revision (ICD-10) published by the World Health Organisation.
10. Information held by each Primary Care Trust or Local Health Board the whole or any part of whose area lies within the area on the general postcode address of persons resident in the area admitted to hospital in respect of domestic abuse as defined in Section 2.2 of the Responding to domestic abuse: a handbook for health professionals published by the Department of Health in December 2005, and the date of such admissions.
11. Information held by each Primary Care Trust or Local Health Board the whole or any part of whose area lies within the area on the number of —
(a)mental illness outpatient first attendances, and
(b)persons receiving drug treatment,
in the area.
12. Information held by each Primary Care Trust or Local Health Board the whole or any part of whose area lies within the area on the location, time and date of ambulance service calls to incidents relating to crime and disorder and the category of such incidents using any system for classifying crime and disorder used by that authority.
(This note is not part of the Regulations)
These Regulations, which come into force on 1st August 2007, relate to the duty to share depersonalised information amongst relevant authorities in a local government area under section 17A of the Crime and Disorder Act 1998. Regulation 2 and the Schedule prescribe the description of information to be shared. Regulation 3 prescribes the interval at which such information must be shared as by the end of each three month period following the three month period to which the information must relate. The duty to share will first apply in the three month period beginning on 1st October 2007 in respect of information for the previous three month period. Regulation 4 prescribes that the information must be shared electronically.
The National Incident Category List in the National Standards for Incident Recording Instructions for Police Forces in England and Wales for 2007/2008 is available from the Home Office at 2 Marsham Street, London SW1P 4DF; the Home Office Notifiable Offences List is available on the website http://www.homeoffice.gov.uk/rds/countrules.html; Fire Statistics, United Kingdom 2005 is available on the website http://www.communities.gov.uk/index.asp?id=1509023; Best Value Performance Indicators: 2005/06 published by the Office of the Deputy Prime Minister is available on the website http://www.audit-commission.gov.uk/performance/guidance.asp; the International Classification of Diseases, Tenth Revision (ICD-10) published by the World Health Organisation is available from the website http://www.who.int/classifications/apps/icd/icd10online/. and Responding to domestic abuse: a handbook for health professionals is available on the website http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4126161.
1998 (c.37); section 17A of the 1998 Act was inserted by section 22 of, and Schedule 9 to, the Police and Justice Act 2006 (c.48) and is in force from 1st August 2007 (S.I. 2007/1614). There are amendments to section 114 of the 1998 Act not relevant to these Regulations.