Rules governing applications to the appeal court
Dear Ministry of Justice,
I would like to have information regarding applications made to the Appeal Court and the rules and regulations surrounding such appeals. Could you please provide me with:-
1. All information relating to the 'out of time' rule that prevents a person getting his/her appeal heard.
2. information that sheds light on the issues surrounding evidence being destroyed as part of a Courts retention policy.
3. The information that clearly informs a person who wishes to take his/her case further as a result of an appeal being rejected at the Court Of Appeal in London, the
next steps that a person can take if the route of taking the case to The Supreme Court is blocked.
Yours faithfully,
Mark Ritchie
Dear Mr Ritchie,
Please see attached letter in relation to your FOI request.
Kind Regards
Ashleigh Thomas
London Regional Support Unit
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Dear Mr Ritchie
Please find a response to your recent FOI request. To enable us to respond
more substantively, we need clarification.
Thanks
Sam
Sam Guy
London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8
Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address]
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Dear London RSU Kilo,
I will clarify what i mean when i made my initial request.
1. I would like all information relating to the out of time rule applied by the appeal court when considering an appeal case. I would like to know the time period the appeal court expects a defendant to lodge an appeal within, and the information that clearly explains why the time period is set at that. If an Appeal Court Judge rules that the case is indeed out of time, then please will you provide the documentation that clearly explains the out of time ruling, ( Such as if a defendant has made his or her appeal years after the original court case based on new evidence arising) and why the case cannot be heard even though such evidence has not been heard previously as the defendant was robbed of having a trial at the original hearing.
2. Information on a courts retention policy of data which is crucial to a defendant appealing his or her case. Is there documentation that exists to state that even when a request has been made to obtain the court bundle so a defendant can take his or her case to appeal, this obviously being done well within the time constraints, can a court, specifically Cardiff Crown Court, refuse to hand over that case bundle thus holding onto such data until 7 years after they were requested and then destroy evidence within that bundle and state that they can destroy data as the courts only hold onto information for a 7 years. If you require further clarication on this then please email me or contact me by telephone.
3. As a result of the Appeal Court rejecting a case due to it being out of time, which in turn blocks avenue to the Supreme Court ( A person cannot take his case to the Supreme Court if it has not been heard first in the Appeal Court), what are the next steps that person can take in getting his case heard. The only option available to such a person is the European Court of Human Rights and so could you please provide the information that clearly explains these steps to a prospective defendant.
As i have previously stated, if any more clarification is required then i am more than happy to assist.
Yours sincerely,
Mark Ritchie
Dear Mr Ritchie
Please see the attached letter in relation to your recent FOI request.
Regards
Lucy Spence
Operational Support Officer/KILO
London Regional Support Unit
HM Courts and Tribunal Service
Post Point 9.02 / 9th Floor /102 Petty France
London / SW1H 9AJ / DX 152380 Westminster 8
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Dear Mr Ritchie
Please find attached a response to your recent FOI request.
Thanks
Sam
Sam Guy
London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8
Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address]
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Dear London RSU Kilo,
Further to our telephone conversation last week, i am now narrowing points 2 and 3 down so it is more specific.
1. Please could you supply me with any MOJ data relating to the retention policy of case files of Crown Courts and if it varies from court to court, then specifically Cardiff Crown Court.Also the disciplinary code for any Court staff who are found to have breached MOJ rules on the retention of case files.
2. Please could you provide me with any MOJ documents that outline the appropriate steps to take for cases that are rejected at the Appeal Court stage .
Yours sincerely,
Mark Ritchie
Dear Mr Ritchie
Please find attached an acknowledgement of your FOI request.
Thanks
Sam
Sam Guy
London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8
Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address]
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Dear Mr Ritchie
Please note the attached response to your FOI request.
Thanks
Sam
Sam Guy
London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8
Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address]
This e-mail (and any attachment) is intended only for the attention of
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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 'Rules governing applications to the appeal court'.
I totally refute your claims that my request is a way of asking legal advice and is therefore vexatious.I have asked for specific policy information on retention of evidence from the courts and it was you who stated it varies from court to court which is concerning if that in fact is true. There should be parity across the justice system and a level playing field yet this cannot happen if the courts can decide for themselves when they can dispose of vital evidence of cases. I would like to know how asking for policy information is considered by yourself to be vexatious.
My other point is asking for documents relating to the stages of the appeal process. I have already said I know this but require the written proof under the uk constitution where this process was agreed by our government in conjunction with the uk courts. This once again is not asking for legal advice as I do not need any as I am well versed in law.
I would like a swift and transparent response to this internal review as I have waited a considerable length of time for your responses so far.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
Mark Ritchie
Dear Mr Ritchie,
Please find attached an acknowledgement to your Internal Review request.
Kind regards
Christopher J M Cox
Knowledge Information Liaison Officer
Assurance Team
North West Regional Support Unit
HM Courts & Tribunals Service
Manchester Civil Justice Centre
PO Box 4237
1 Bridge Street West
Manchester
M60 1TE
DX 724780 Manchester 44
T 0161 240 5082
F 0161 240 5915
E christopher.cox[1]@hmcts.gsi.gov.uk
[2]The RSU welcomes your feedback.
[3]Please click here to send us any comments.
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Dear Mr Ritchie,
Please find attached your Internal Review response.
Kind regards
Christopher J M Cox
Knowledge Information Liaison Officer
Assurance Team
North West Regional Support Unit
HM Courts & Tribunals Service
Manchester Civil Justice Centre
PO Box 4237
1 Bridge Street West
Manchester
M60 1TE
DX 724780 Manchester 44
T 0161 240 5082
F 0161 240 5915
E christopher.cox[1]@hmcts.gsi.gov.uk
.
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 way via electronic means.
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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mailto:[email address]
Dear NW RSU Health & Safety,
So it clearly states that a file should not be destroyed after 7 years if that case was of wide public interest at the time. The case was on the front page of the newspapers so it obviously does fall into that category and shouldn't have been destroyed. I would like an explanation why the courts have broken the law and destroyed evidence not just after the seven year limit but also before it whereby the transcripts of the trial were destroyed soon after.
Yours sincerely,
Mark Ritchie
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Thank you.
North West Regional Support Unit
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Dear Mr Ritchie
Please find attached a further response to your FOI request.
Thanks
Sam
Sam Guy
London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8
Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address]
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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by e-mail.
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Communications via the GSi may be automatically logged, monitored and/or
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