Civil Jurisdiction for non HMCTS hearings in Magistrates courts

Danny Bamping made this Freedom of Information request to Ministry of Justice

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Ministry of Justice of their handling of this request.

Dear Ministry of Justice,

Please can you confirm 'which civil jurisdiction' is used when convening a 'non HMCTS' hearing in a magistrates court for a statutory obligated tax debt.

Please also confirm which judicial rules are in play during these non HMCTS hearings.

Please also confirm that 'legal consideration' must and is required to be applied to each and every order made in these non HMCTS hearings.

Yours faithfully,

Danny Bamping

Data Access & Compliance Unit, Ministry of Justice

Dear Bamping

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.
 
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 a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
 
This will be dealt with as Official Correspondence and you can expect a response from the appropriate area of the department.
 
If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [email address].

Many Thanks

Laura 

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Dear Laura at the Data Access & Compliance Unit,

Are you therefore stating and clarifying that the Civil Jurisdiction, the rules used and if legal consideration for each order is required - is 'unrecorded information' as far as the MoJ are concerned.

This is extremely exciting if that is the case...

Yours sincerely,

Bamping

Civil & Family Business Support,

Dear Mr Bamping,

Your query has been passed to this team and I am pleased to be able to provide you with a response to the questions you have raised.

There is no statute which authorises (or prevents) a council preparing a summons on the court's behalf. Under section 51 of the Magistrates' Court Act 1980 (http://www.legislation.gov.uk/ukpga/1980...), a person can apply to the Magistrates' Court for a summons. If it is granted, it is customary that the person applying drafts their own summons, which in the case of Council Tax is the Local Authority. These documents are both legal and lawful.

The process governing and authorising the issue of council tax summons is determined by the following pieces of legislation: the Magistrates' Courts Act 1980, Part 7 and Part 2 (rule 2.4) of the Criminal Procedure Rules, and the Justices' Clerks Rules 2005.

The relevant legislation is Regulation 34 Council Tax (Administration and Enforcement) Regulations 1992 (http://www.legislation.gov.uk/uksi/1992/...).

Regards

Civil Business Improvement | Civil and Family Directorate

This e-mail (and any attachments) 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 I am not authorised to bind the Ministry of Justice contractually, nor to make representations or other statements which may bind the Ministry of Justice in any other way via electronic means

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Dear Civil & Family Business Support,

I did not ask about the summons not the legislation that you have given which I am well aware of;

In fact the Criminal Procedure Rules do NOT apply as this WHOLE procedure is a CIVIL one.

Please provide a proper answer and do not provide me with what is clearly FALSE information.

Therefore this request remains unanswered as you have failed to address the 3 simple questions;

Please can you confirm 'which civil jurisdiction' is used when convening a 'non HMCTS' hearing in a magistrates court for a statutory obligated tax debt.

Please also confirm which judicial rules are in play during these non HMCTS hearings.

Please also confirm that 'legal consideration' must and is required to be applied to each and every order made in these non HMCTS hearings.

Please answer the questions...

Yours sincerely,

Danny Bamping

Civil & Family Business Support,

Thank you for your email to the Civil & Family Business Support Mailbox.
This mailbox is checked regularly during business hours 10:00am to 4:00pm
Monday to Friday.

 

We will reply to your e-mail enquiry within 2 days (unless you have marked
it urgent - in these cases we will try to get back to you quicker)
answering your query substantively or informing you of the action we are
taking. We may have to take further advice from our policy colleagues or
lawyers for a definitive answer but we will let you know in our initial
response.

 

Please note that sometimes the answer to your question can be found in
guidance that is already available. For further information, please visit
the relevant pages under the header 'My Work'  on the HMCTS intranet site:
[1]http://libra.lcd.gsi.gov.uk/hmcts/index.....

This e-mail (and any attachment) is intended only for the attention of
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is not permitted. If you are not the intended recipient, please destroy
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copies and inform the sender by return e-mail.

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References

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Pat James (Account suspended) left an annotation ()

You can always tell when these people are misleading or telling lies, by the omission of of a name at the end of correspondence, thus laking no liability.

The also include caveats advising non commitment.

Dear Civil & Family Business Support,

Please answer the questions - this is now long overdue and I will be requesting an internal view if the questions are not properly addressed and answered.

Thank you

Yours sincerely,

Danny Bamping

Civil & Family Business Support,

Thank you for your email to the Civil & Family Business Support Mailbox.
This mailbox is checked regularly during business hours 10:00am to 4:00pm
Monday to Friday.

 

We will reply to your e-mail enquiry within 2 days (unless you have marked
it urgent - in these cases we will try to get back to you quicker)
answering your query substantively or informing you of the action we are
taking. We may have to take further advice from our policy colleagues or
lawyers for a definitive answer but we will let you know in our initial
response.

 

Please note that sometimes the answer to your question can be found in
guidance that is already available. For further information, please visit
the relevant pages under the header 'My Work'  on the HMCTS intranet site:
[1]http://libra.lcd.gsi.gov.uk/hmcts/index.....

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
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

References

Visible links
1. http://libra.lcd.gsi.gov.uk/hmcts/index....

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Civil Jurisdiction for non HMCTS hearings in Magistrates courts'.

You have completely FAILED to answer my simple question - yet you hold and know the answer.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Danny Bamping

Data Access & Compliance Unit, Ministry of Justice

Dear Danny,

Thank you for your email below.

As your request was dealt with as Official Correspondence I can confirm that you are not entitled to an Internal Review under the Freedom of Information Act. I have copied in the business unit within the department who are responsible for answering your request.

Many Thanks

Laura

Laura Watson| Business Manager | Communication and Information Directorate | Ministry of Justice 10.34, 102 Petty France, London, SW1H 9AJ | www.justice.gov.uk  | @MoJGovUK | @MoJPress

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Michael Bassett left an annotation ()

Isnt it an obligation to give names of the judge or justice of the peace in such cases if they are granting permission for a summons before liability is issued under court de jure, if it isn't then that makes any summons or liability invalid.