Humberside police, Grimsby Magistrates' court and CPS stitch-up

Waiting for an internal review by Crown Prosecution Service of their handling of this request.

fFaudwAtch UK (Account suspended)

Dear Crown Prosecution Service,

The letter which can be viewed by visiting the webpage in the link below, appears to have been produced from a template used by the Crown Prosecution Service.

"LETTER TO DEFENCE WHERE THERE IS MATERIAL TO DISCLOSE (MAGISTRATES' COURT)"

https://www.scribd.com/doc/304161015/Let...

The letter has been discovered several weeks after the trial took place which was in among a bundle of papers containing what appeared to be largely irrelevant computer printouts compiled by the Crown Prosecution Service.

The bundle, complete with letter dated 22 September 2015 was handed to the defendant by a court usher only minutes before a court hearing on 30 September 2015.

As this is likely to be a generic letter used as standard in these matters I expect the Crown Prosecution Service will hold information to enable disclosure of which parties in such proceedings the letter should be sent, by what method and by whom it should be served and at what stage of proceedings.

Yours faithfully,

fFaudwAtch UK

Baz Frodham left an annotation ()

You might find this link relevant:

Annex C - Disclosure Manual – Non-sensitive material letters and forms

http://www.cps.gov.uk/legal/d_to_g/discl...

fFaudwAtch UK (Account suspended) left an annotation ()

Looking at the CPS webpage it seems as though they've even managed to automate the criminal justice system. No surprises then that it's like talking to a brick wall.

fFaudwAtch UK (Account suspended)

Dear Crown Prosecution Service,

Response to this request is delayed. By law, Crown Prosecution Service should have responded by 13 April 2016.

Yours faithfully,

fFaudwAtch UK

fFaudwAtch UK (Account suspended) left an annotation ()

Some background for why this FoI request was submitted......

(Appeal to Crown Court)

https://www.scribd.com/doc/306193801/App...

fFaudwAtch UK (Account suspended)

Dear Crown Prosecution Service,

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

I am writing to request an internal review of Crown Prosecution Service's handling of my FOI request 'Humberside police, Grimsby Magistrates' court and CPS stitch-up'.

Response to this request is delayed. By law, Crown Prosecution Service should have responded by 13 April 2016.

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

Yours faithfully,

fFaudwAtch UK

fFaudwAtch UK (Account suspended)

Dear Crown Prosecution Service,

Will you please acknowledge the request for a review which was submitted on 20 April 2016. If no contact is made by Tuesday 3 May 2016 I will assume that the request has been refused and is in breach of the FoIA 2000 and therefore escalate the matter to the Information Commissioner.

Yours faithfully,

fFaudwAtch UK

Freedom of Information Unit, Crown Prosecution Service

Dear fFaudwAtch

Thank you for your email below requesting an internal review of our response to your FOI request, however I can confirm we have not received your email of 20th April requesting a internal review. Please could you re-send the original request.

The internal review will be assigned to a Crown Prosecution Service official who was not involved with the original decision.

We expect to complete internal reviews within 20 working days, although more complex cases may take longer.

Yours sincerely

Ms F Sayed
Information Management Unit
020 3357 0899
[CPS request email]

show quoted sections

fFaudwAtch UK (Account suspended)

Dear Freedom of Information Unit,

"The internal review will be assigned to a Crown Prosecution Service official who was not involved with the original decision."

There is not an original decision. The request for a review was submitted simply because the FoI request was never responded to.

Please let me know how you want to proceed, given it is unlikely the request ever reached the person who deals with these matters.

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended)

Dear Freedom of Information Unit,

If there is no evidence of the CPS taking its duties seriously under the FoI Act by Thursday 12 May 2016 I will escalate the matter to the Information Commissioner.

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended) left an annotation ()

Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire
SK9 5AF

14/05/16

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO CROWN PROSECUTION SERVICE – (REF NONE)

I made a freedom of information request to the Crown Prosecution Service (the ‘CPS’) on 12 March 2016. Details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/h...

You will see from the contents of the above that the CPS had not responded by the 13 April deadline and on the 14 April I notified the organisation about the delay.

On 20 April I submitted a request for a review because the CPS did not respond. On 29 April I asked the CPS if it would acknowledge the request for a review and notified it that if no contact was made by 3 May 2016 I would assume that the request had been refused and was in breach of the FoIA 2000 and therefore escalate the matter to the Information Commissioner.

The CPS responded on 29 April and confirmed that they had not received my email of 20 April requesting an internal review and asked for the original to be re-sent. It was also obvious from the contents of the same email that the CPS was under the impression that the request had already been dealt with and the internal review was to scrutinise the original decision as opposed to complying with the time limits laid down by the Act.

On 29 April the CPS was notified that there had not been an original decision and the request for a review was submitted simply because the FoI request was never responded to.

On 8 May the CPS was notified that if there was no evidence of the CPS taking its duties seriously under the FoI Act by 12 May 2016 I would escalate the matter to the Information Commissioner.

There has been no further correspondence from the CPS since its email on 29 April 2016.

Yours sincerely

Katie Tate left an annotation ()

The information/letter should have been disclose to the accused pursuant to section 3 of the Criminal Procedure and Investigations Act 1996.

http://www.legislation.gov.uk/ukpga/1996...

3 Initial duty of prosecutor to disclose.

(1) The prosecutor must—

(a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused , or

(b) give to the accused a written statement that there is no material of a description mentioned in paragraph (a).

Katie Tate left an annotation ()

"The bundle, complete with letter dated 22 September 2015 was handed to the defendant by a court usher only minutes before a court hearing on 30 September 2015.

......I expect the Crown Prosecution Service will hold information to enable disclosure of which parties in such proceedings the letter should be sent, by what method and by whom it should be served and at what stage of proceedings."

(Defence Disclosure in the Magistrates' Court)
http://www.6kbw.com/publications/article...

When must the duty be complied with?

4. .....section 3(8) should be read as if imposing an obligation on the prosecution to comply with its initial duty “as soon as reasonably practicable after” the defendant has pleaded not guilty.

How must the duty be complied with?

8. It is worth noting here that the sending of disclosure material or a letter telling the defendant that there is no material to disclose will be deemed to have been served, if served by first class post, “on the second business day after the day on which it was posted”. For the purposes of defence disclosure, therefore, time begins to run from that date and not the date appearing on the letterhead: Rule 4.10 of the Criminal Procedure Rules 2010

Mike left an annotation ()

This is widespread:

“All prosecutions are kept under continuous review and prosecutors are required to take account of any change in circumstances as the case develops."

https://www.theguardian.com/uk-news/2017...

"The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced. Crown court trials only work because of the co-operation and goodwill of advocates and the bench – but time pressures are making this increasingly difficult.

“Because of the swingeing cuts that the Treasury continuously imposes, the system is not just creaking, it is about to croak.”

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