Cases presented to CPS / cases dismissed

Sue Springett made this Freedom of Information request to Merseyside Police

The request was refused by Merseyside Police.

From: Sue Springett

10 November 2010

Hi,
I have a few questions that I hope you can help me with. I am
interested in cases dismissed because files/evidence were not
present in time: 

- How many cases were dismissed because the case file was late in
being presented to court
- How many cases were dismissed because at least one file/evidence
was missing
- How many cases were delayed because at least one file/evidence
was (temporarily?) mislaid
- What are the costs to the force when a file /evidence is mislaid
or lost? Time, penalties etc?

Secondly I am interested in the results specific to drink driving:

- How many people were stopped and breathalysed, how many (and %)
were indicated as being over the limit?
- How many drink drive motoring offence cases (only under the
category of Motoring) were prepared by your Police force and
presented to the CPS, but did not reach a first hearing at court? 
- Is there any information as to why the CPS decided not to
prosecute a drink drive case presented to them, and if so, how are
they categorised and what are the numbers/ percentages?
- Secondly, for the drink drive cases that were prosecuted but
found not-guilty, are there any categories as to why the case was
dismissed (if that’s the right word)  

Thank you,

Sue Springett

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Merseyside Police

22 November 2010

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Dear Ms. Springett,

Reference No : DJAN- 8BFJK4 (please quote in all correspondence)

Thank you for your application for information dated 10th November 2010, received by Merseyside Police on 11th
November 2010. I note that your are seeking information relating to:

(paraphrased) : cases not proceeded with at Court following transfer to the Crown Prosecution Service and
information in relation to 'drink/drive' cases.

Your request will be dealt with under the terms of the Freedom of Information Act 2000 and will now be considered.
You will receive a response within the statutory time-scale of 20 working days as defined by the Act, subject to the
information not being exempt nor containing a reference to a third party. In the event that we are not able to
achieve this deadline you will be informed at the earliest opportunity and given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this
is the case you will be informed and the 20 working day time scale will be suspended until we receive payment from
you.

Some requests may also require either full or partial transfer to another public authority in order to answer your
query in the fullest possible way. Again, you will be informed if this is the case.

I apologies for the delay in being able to send this acknowledgement, which is operative from the 11th November
2010.

Yours faithfully,

D. Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO Box 59,
LIVERPOOL L69 1JD
Fax: 0151 777 7099
Email : [Merseyside Police request email]

Further information in respect of Freedom of Information and Merseyside
Police can be found on the Force website at:
http://www.merseyside.police.uk/html/sup...

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Merseyside Police

22 November 2010

Dear Ms. Springett,

I write in connection with your application for information which was
received by Merseyside Police and my acknowledgement lettered dated 22nd
November 2010. I note that you seek access to the following information:

(Paraphrased) cases not proceeded with at Court following transfer to
the Crown Prosecution Service and information in relation to 'drink/drive'
cases.

I regret to inform you that now having been able to fully consider your
application it is necessary to request further information from you. To
enable Merseyside Police to meet your request could you please provide this
office with further information. I provide some guidance that may assist
you more clearly to describe the information you require:

Application 1 - Four questions relating to cases dismissed at Court etc.

Could you please provide a time scale for the data that you request. Are
you seeking data for the year 2009 or for some other period. Please bear in
mind that the more data that is requested, should it not be easily
retrievable, then the more likely that the cost exemption will be engaged.
The cost exemption is £450 which equates to 18 hours work.

Application 2 - Three questions relating to breath tests and drink driving.
Again, could you please provide a time scale that your application relates
to.

In the second question you refer to 'did not reach the first hearing'.
Could you please define what you mean by the first hearing? It may be
helpful to you to visit the CPS web pages where statistical data is
provided relating to the progress or other wise of cases through the
Courts. You may wish to amend your terminology to that used by the CPS. To
me a first hearing is when a person actually appears in Court to answer a
charge or summons. It is possible that, that stage may be slightly further
along in the process than you mean. In the same question you also refer to
'drink drive' cases. Is the term 'drink drive' related to the earlier
question and mean cases that follow a breath test (positive or refused
result) or would it also include driving (or in charge) whilst under the
influence of drink cases. [Such cases do not have to involve a screening
breath test]. The national statistics record the offences under one heading
of being under the influence of drink or drugs.

National statistics are published by the Ministry of Justice at the
following web pages;

http://www.justice.gov.uk/criminalannual... MoJ National statistics

http://www.justice.gov.uk/publications/m... Breath test
statistics.

The above web sites, together with the CPS web pages, may be of assistance
to you or provide guidance in defining precisely the information that you
wish to seek from Mersesyide Police. The Crown Prosecution Service is also
a public authority and some of your applications may be more easily
responded to by the CPS in terms of cases not proceeded with and reasons by
category or reasons by category for prosecutions that result in not guilty
verdicts.

Whilst reviewing the CPS web pages you will not that the CPS have power to
discontinue a case before it comes to Court. It is quite likely that some
of the cases included in your first application would be dealt with by
discontinuance, rather than being placed before the Court and then
dismissed.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory time scale of
20 working days as defined by the Freedom of Information Act 2000, subject
to the information not being exempt or containing reference to a third
party.

However, if the requested information has not been received by one month
after the above date, I will consider that you no longer wish to proceed
with this request and it will be treated as withdrawn.

There may be a fee payable for the retrieval, collection and provision of
the information you request. If this is the case you will be informed and
the 20 working day time scale will be suspended until we receive the
payment from you. If you chose not to make a payment then your request will
remain unanswered.

Yours faithfully,

D Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO BOX 59
LIVERPOOL
L69 1JD

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

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Merseyside Police

15 February 2011

Dear Ms. Spingett,

FREEDOM OF INFORMATION APPLICATION – DJAN-8BFJK4

I write in connection with your application for information, which was
received by Merseyside Police at the Information Bureau, on 22/11/2010. I
note that you seek access to the following information:

(Paraphrased) cases not proceeded with at Court.

You will recall that on 22/11/2010, I provide you with a suspension notice
which informed you, that if the requested information, by way of
clarification of the application, had not been received by one month after
the above date, the Force would consider that you no longer wish to proceed
with this request.

In accordance with the provisions of the Act and Information Commissioner’s
guidance, as it has now been three months since the application was
suspended, I write to inform you that the application has been treated as
withdrawn. You will not now receive a response in respect of the
application. Should you wish to resubmit an application to Merseyside
Police, the Force will be pleased to accept it and deal with it as a new
application.

Yours faithfully

D. Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
PO BOX 59
LIVERPOOL
L69 1JD
Fax: 0151 777 7095
============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

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