Guidance on prosecution of alleged rioters

Central Office of Information did not have the information requested.

Dear Central Office of Information,

I am writing to ask for the following information to be released under the Freedom of Information Act following civil disturbances earlier this month:

1. Guidance, as referred to by Novello Noades (magistrate) at Camberwell Green Magistrates Court last week, relating to bail and sentencing of people alleged to have been involved in civil disturbances earlier this month. I understand this guidance was passed down to clerks in magistrates courts through HM Courts Service last week.

2. Any guidance/instructions from/to the Director of Public Prosecutions to staff at the Crown Prosecution Service relating to the prosecution of those alleged to have been involved with civil disturbances earlier this month (including guidance to reviewing officers on charging decisions, bail and sentencing).

3. A detailed breakdown of those arrested and processed under Operation Withern at the Metropolitan Police, including: racial backgrounds of those arrested; charge/allegation; how many were granted/refused bail by the police and why; how many were granted/refused bail at magistrates courts and why; how many have been committed to Crown Court for trial or sentencing and why; how many children (under 18s) have had prosecutions taken against them in adult courts and why; how many prosecutions of juveniles have taken place in youth courts, their racial background, ages, decisions on bail and any sentences awarded; and a breakdown of sentences that have been given in all cases which have already been disposed through the magistrates or crown courts.

4. Any guidance/instructions that have been provided by/to the Youth Justice Board relating to allegations against juveniles following civil disturbances earlier this month, including any guidance/instructions given to Youth Offending Teams (YOTs).

5. A breakdown of joint enterprise cases being tried in the courts system following civil disturbances this month, including: allegation, how many people have been co-accused, racial backgrounds of co-accused persons, whether they have been granted/refused either police or court bail and why, ages of co-accused persons, reason for claiming joint enterprise in cases of co-accused persons, and the outcome of these cases (where they have already been disposed),

6. Any guidance/instructions from/to the Legal Services Commission relating to the criminal legal aid funding of those arrested/prosecuted following civil disturbances earlier this month.

7. Any guidance/instructions from/to the Probation Service relating to the processing of those arrested/prosecuted following civil disturbances this month, including any guidance/instructions given to Probation Officers.

8. A breakdown of those who have been detained under the powers of the Mental Health Act following involvement in the civil disturbances earlier this month, including: racial background; gender; mental health/social care trust; the applicable section of the Mental Health Act used for each detention (including follow-up detention where this has been used); and reason for detention.

9. A detailed breakdown of any complaints against police officers arising out of Operation Withern, including: any detailed allegations made; details and outcomes of any internal investigations that have taken place relating to these complaints; how many complaints have been referred to the Independent Police Complaints Commission and the status of any investigations they are conducting or have completed; details of any disciplinaries against police officers following Operation Withern.

10. Any guidance/instructions/commands/orders given by/to the Metropolitan Police Service Management Board relating to Operation Withern and the policing of civil disturbances around London earlier this month.

11. Any guidance/instructions/commands/orders given by other British police forces relating to the policing of civil disturbances around the country earlier this month.

12. Any guidance/instructions given by/to the UK Border Agency in relation to dealing with foreign nationals accused of involvement in civil disturbances earlier this month, including any administrative decisions made in respect of immigration status in individual cases, and the number of immigration decisions pending.

13. Details of compensation that has been awarded following civil disturbances earlier this month under under the Riot (Damages) Act, including: number of applications received; number of applications processed and the outcome of these (including amount of damages awarded in each case); and any projections that have been prepared relating to the total cost of claims likely to be successful under the Riot (Damages) Act.

14. Statistics from the Metropolian Police on the usage of any weaponry (firearms, drawing batons, baton strikes, tasers, etc.) and any crowd control techniques used in relation to Operation Withern, including reasons for the use of weaponry or deployment of crowd control techniques in each case.

15. The number of ongoing/pending police investigations under Operation Withern; the cost of Operation Withern so far; and any projections on the likely cost of Operation Withern upon its completion.

16. Details of any pending investigations related to civil disturbances earlier this month by the Equality and Human Rights Commission.

17. Any guidance from/to the Office of the Attorney General in relation to the handling of cases brought in the courts against those accused of involvement in civil disturbances earlier this month, and particularly any guidance issued to magistrates or judges dealing with these cases.

18. Details of any investigations underway/pending by HM Crown Prosecution Service Inspectorate relating to the processing of those arrested/charged under the auspices of the Crown Prosecution Service following civil disturbances earlier this month.

19. Details of any judicial review applications in which the Home Secretary, Secretary of State for Justice, Attorney General, Director of Public Prosecutions, Metropolitan Police Commissioner or Prime Minister have been named as Defendants arising out of civil disturbances earlier this month, including any legal advice prepared by the Treasury Solicitor's Department in these cases.

20. Any instructions issued by the Prime Minister, Deputy Prime Minister, Home Secretary or the Secretary of State for Justice to any government departments or agencies under their authority in relation to any aspect of policing, prosecutions, prison management, human rights obligations and otherwise, following civil disturbances earlier this month.

Yours faithfully,

Steven Allen

Dear Central Office of Information,

I am writing as I have not received a response to my previous Freedom of Information Act disclosure request. You should normally have dealt with this request within the statutory time limit, which ended yesterday. I would be grateful for a response within one week.

Yours faithfully,

Steven Allen

FOIofficer, Central Office of Information

Good morning Steven

As I said previously this information would not be held by the Central Office of Information. I would suggest that you contact either the Home Office or the Ministry of Justice with your request.

I hope this helps.

Kind regards
Glynn

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Dear Glyn,

Thank you for your response - I am afraid I didn't receive the previous email to which you refer. I have submitted the request elsewhere.

Thank you for your assistance.

Yours sincerely,

Steven Allen

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