FOI release

FOI request 240515008: drone sightings at prisons in England and Wales

Published 23 October 2024

Freedom of Information Act (FOIA) Request – 240515008

Thank you for your request in which you asked for the following information from the Ministry of Justice (MOJ): 

• Would it be possible to refine the request as you suggested please?
• Could you please supply me with the number of incidents where drones were either sighted, intercepted or seized around prisons in England and Wales – for each of the calendar years stated in the original request 2023, 2022, 2021, 2020 and 2019?
• Are you able to list the prisons within the cost limit?

Your request has been handled under the FOIA.

I can confirm that the MOJ holds all of the information that you have requested. However, only the number of incidents of drones sighted or reported around prisons in England and Wales between 2019 to 2023 can be provided, and is below:

Number of incidents^{[footnote 1]} of drones sighted or reported in around prisons in England & Wales 2019 to 2023

Year	Number
2019	122
2020	134
2021	248
2022	478
2023	1,063

Data Sources and Quality

The figures in this table have been drawn from the HMPPS Incident Reporting System which, as with any large scale recording system, is subject to possible errors with data entry and processing.

Some of the information requested – the list of prisons where these incidents occurred – is exempt from disclosure under section 31(1) (a), (b), (c) and (f) of the FOIA.

Section 31 (1) (a) of the FOIA provides that information is exempt if its disclosure would, or would be likely to, prejudice the prevention and detection of crime. Section 31(1) (b) of the FOIA provides that information is exempt if releasing the information would, or would be likely to, prejudice the apprehension or prosecution of offenders. Section 31 (1) (c) of the FOIA provides that information is exempt if its disclosure would, or would be likely to, prejudice the administration of justice. Section 31 (1) (f) of the FOIA, provides that information is exempt if its disclosure would, or would be likely to prejudice the maintenance of security and good order in prisons.

Section 31 is a qualified exemption which means that the decision to disclose the requested material is subject to the public interest test. When assessing whether or not it was in the public interest to disclose the information to you, we took into account the following factors:

Public interest considerations favouring disclosure

Disclosure would provide greater transparency and enable the public to be made aware of any drone activity at specific prisons. This could increase the public’s operational understanding of how establishments maintain good order and security in prisons.

It is important that the public have confidence in the operation of the prison system and there is a public interest in ensuring that drone incidents are being actioned in an efficient and in an effective manner in compliance with formal operational standards and procedures.

The public interest in maintaining public confidence in the high standards of security and good order of prisons is a key concern and one that is recognised by the MoJ. It is acknowledged that this might be enhanced by the release of the requested information insofar as this would broadly further interests of transparency and accountability.

Public interest considerations favouring withholding the information

 It is considered that on balance, the likely threat to the good order and security of specific prisons and the implications of this for prisoners and staff, favours non-disclosure of which prisons drone incidents occurred.

The data requested would be likely to be used to subvert the effectiveness of our current counter measures at specific prisons. The information is also likely to prove invaluable to those engaged in criminality within specific prisons.

If detail on drone incidents detected at specific prisons by prison staff is released, including the actions taken during a drone incident, criminals may alter their criminal behaviour to avoid detection with the result that investigations would be likely to be frustrated and our ability to counter criminality in prisons reduced.

Disclosure of this information could also prejudice any ongoing investigation of a drone incident and risk alerting possible suspects as well as weaken the possibilities of future arrests.

On balance, I consider the public interest favours withholding the information at this time.

In January this year we established 400 metre flight restriction zones around all closed prisons and Young Offender Institutions in England and Wales. These Restricted Fly Zones disrupt illegal drone use by strengthening our ability to intercept illicit items entering prisons and enabling the police to fine or prosecute those seeking to undermine prison security.

Since June 2016, police and prison staff have worked collaboratively to make over 70 drone-related convictions amassing a total of more than 240 years behind bars for those who broke the law.

The new law follows a £100 million investment in bolstered prison security measures.

1. Figures for incidents of drone sightings are based on a monthly count of reports made on the 8th of the following month, with no refresh made to pre-existing monthly counts as part of the estimate. This means that some incidents reported later than this time will not be present in the data. ↩