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Authority To Issue Summons
Mike Robinson made this Freedom of Information request to Ministry of Justice
This request has an unknown status. We're waiting for Mike Robinson to read a recent response and update the status.
From: Mike Robinson
3 October 2011
Dear Sir/Madam,
I am writing to request information under the Freedom of
Information Act.
Could you please tell me which bodies in the United Kingdom are
authorised to issue summonses?
Yours faithfully,
Mike Robinson
From: Mike Robinson
8 November 2011
Dear Sir/Madam,
Can I point out that the statutory 20-day time period for the
provision of information, without reasonable excuse or valid
legitimate explanation, has expired.
To date you have not even acknowledged receipt of my question. I
should not need to remind you it is a criminal offense to set about
avoiding compliance with the FoIA.
Could you please respond, at the very least detailing when you
intend to provide the information I have requested. I think it is
not unreasonable to expect a response within seven working days of
receipt of this Notice, after which time the Information
Commissioner shall be asked to issue a Decision Notice with a
direction that you provide the information or face criminal
proceedings.
Yours faithfully,
Mike Robinson
From: Data Access & Compliance Unit
Ministry of Justice
9 November 2011
Dear Mike,
Thank you for your e-mail below in which you asked for the following information:
Could you please tell me which bodies in the United Kingdom are
authorised to issue summonses?
I have assessed this and as you are not asking for recorded information, I believe this would be best dealt with as official correspondence.
As such, I have copied our general queries team who will ensure a response to your question.
Best Wishes
Kate
Kate Balding|Business Coordinator
Data Access & Compliance Unit
Ministry of Justice|6th Floor|Post Point 6.23
102 Petty France|London|SW1H 9AJ
show quoted sections
From: Mike Robinson
4 January 2012
Dear Kate,
It is now three months since my original request. I have waited
almost two months for the "general enquiries team" to get in touch,
but for some reason they have not done so.
Your reply to me, that I am not asking for recorded information,
would be judged by any right minded individual to be contemptuous
at best. Are you seriously telling me there is nothing to document
who has the authority to issue summonses, either in Statute, or in
any government or judicial document?
Section 15 of the Freedom of Information Act requires that you
advise me where the information I require can be found if you
cannot provide it yourself. I had hoped that your general enquiries
team would do that, but they have not, so you seem to have
committed an offence here.
I can only assume, therefore, that you have made a deliberate
attempt to frustrate my freedom of information request, which is
also an offence, as I hope you are aware.
I would therefore appreciate it if you would review your response
to me, and either provide me with the information I require, or
provide me with the contact details of someone who can.
Yours sincerely,
Mike Robinson
From: Data Access & Compliance Unit
Ministry of Justice
5 January 2012
Dear Mr Robinson,
Firstly please accept my apologies that you have not received a response from our general queries team. I have copied them into this e-mail and they will be able to provide you with an update on the progress of your enquiry.
Should you wish to contact them I can confirm that their e-mail address is [email address].
Unfortunately, you are not entitled to an internal review as your request was not originally dealt with under the FOI Act. It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of an policy.
On occasion, the Data Access and Compliance Unit receives requests for information that do not ask for a copy of recorded information, but ask more general questions about, for example, policies, opinions or decisions. In these instances, another business unit would be best placed to handle your enquiry. As your request is a query relating to departmental policy (i.e. a list of bodies authorised to issue summonses) and requires a general response by the appropriate area of the business it was passed to the general queries team to take forward as official correspondence.
Again, apologies for the delay - if you have any questions about Freedom of Information please do not hesitate to contact us.
Best Wishes
Kate
Kate Balding|Business Coordinator
Data Access & Compliance Unit
Ministry of Justice|10th Floor|Post Point 10.34
102 Petty France|London|SW1H 9AJ
show quoted sections
From: Mike Robinson
5 January 2012
Dear Kate,
Thank you very much for your response.
I am unhappy with this response. It is not up to you to decide
whether or not my request for information should be processed under
the FOI Act. I asked that it should be, so you should have complied
with my request.
In addition, it seems to me that if the General Enquiries team are
capable of giving a response, then the information I have asked for
must be recorded somewhere, and your reply must be untrue. This is
borne out by the contradiction of your statements "a copy of an
policy" (sic) and "relating to a departmental policy".
I am therefore referring this to the Informaton Commissioner.
Yours sincerely,
Mike Robinson
From: Customer Services (CSHQ)
2 March 2012
Dear Mr Robinson,
I understand you made the following request under the Freedom of Information Act. However, you have been informed that your request does not fall under that act. You have asked:
Could you please tell me which bodies in the United Kingdom are authorised to issue summonses?
I do not know what specific summonses you are referring to but what I can confirm on behalf of HMCTS is that magistrates' courts have the power to issue summonses for criminal offences that have been committed.
Complaints, Correspondence and Litigation Team 1st Floor - 1.10
102 Petty France
London SW1H 9AJ
This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.
Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.
This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
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broken when composing or forwarding e-mails and their contents.
show quoted sections
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