Dear Sir or Madam,

Re: Freedom of Information request - Crown Court Cases

Thank you for your email of 23 January to Customer Services (CSHQ) requesting information under the Freedom of Information Act. I have been asked to reply.

You have requested the following information:

“Is it possible for a member of the public to gain access to records of cases heard in a Crown Court for which a person being prosecuted has either:

I can confirm that the Department holds the information you are seeking, but on this occasion I am unable to disclose it to you.

This is because the information you have requested is held as part of the Court proceedings and information held on Court record is exempt under section 32 (court records) of the Freedom of Information Act (FOIA).

Section 32 (1) states that information is exempt if it is held only by virtue of being contained in documents that have been filed with, or has otherwise been placed in the custody of the court for the purpose of court proceedings; and those that have been created by a court or a member of the administrative staff for the purpose of such proceedings. It is clear this exemption applies to the information that you have requested, which is an absolute exemption. There is therefore no requirement to consider the public interest in disclosure or non disclosure of this information.

This exemption is absolute, and there is no obligation to consider if it is in the public interest to disclose this information.

Having said that, if a defendant in a court case is found guilty of a crime, a judge or magistrate will decide on a suitable sentence to protect the public; punish the offender fairly and appropriately; encourage them to make amends for their crime. There are four sentencing options available to judges and magistrates: discharges; fines; community sentences; and prison, for the most serious offences. The sentences imposed by judges and magistrates in individual cases are entirely up to them, within the maximum penalties set by law, although they must normally follow the sentencing guidelines produced by the Sentencing Guidelines Council (SGC). The SGC conduct regular public consultations on sentencing and would therefore be open to you to raise any issues or suggestions with them through their website link at www.sentencing-guidelines.gov.uk/consultations/index.html.

I hope you find this information of some assistance. However, I have to explain that as part of our obligations under the FOI Act, the Ministry of Justice has an independent review process. If you are dissatisfied with the decision to your request for information, you may request an internal review, in writing, which will be carried out by someone who was not involved in the original decision. They will reassess how the Department handled the original request. If therefore you decide to pursue this avenue, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter at the following address:

Data Access and Compliance Unit

Information Directorate

Ministry of Justice

1^st Floor, Zone 1 C

Post point 1.41

102 Petty France

London

SW1H 9AJ

Email: [HMCS request email]

If you remain dissatisfied after an internal review decision has been made, you have the right to apply to the Information Commissioner's Office under Section 50 of the FOIA at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: www.ico.gov.uk/Global/contact_us.aspx

Yours sincerely,

Customer Service Unit

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