Scheduled Court Appearances for Those Charged with a Murder in Cambridge

Response to this request is long overdue. By law, under all circumstances, Ministry of Justice should have responded by now (details). You can complain by requesting an internal review.

Dear Ministry of Justice,

Could you please let me know where and when those charged with the murder of Jeff Henry in Cambridge, following a reported attack (or attacks) on Sunday, June 7 2015, are scheduled to appear in court.

If it assists the ministry in providing the information requested please also consider this request under the Criminal Procedure Rules or forward it to the appropriate office to be treated as general routine correspondence.

If the information is not to be supplied please provide a response as required by the Freedom of Information Act setting out if the information is held or not; and if it is held what exemption is being relied upon to provide a basis for withholding it.

If the information is not currently held but is expected to be held in the future please provide the information requested when possible. I am aware this element of my request is beyond the scope of the Freedom of Information Act.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

I've considered the exemption for information intended for future publication may apply as the court list is expected to be published on the day of a hearing at:

http://xhibit.justice.gov.uk/xhibit/cent...

that list though won't include the charge so it will require readers to know the names of the defendants.

A provisional trial date was reportedly set for the 4th of January 2016, however the individuals reportedly charged did not appear on the court list on that day.

http://www.cambridge-news.co.uk/Jeff-Hen...
http://www.webcitation.org/query?url=htt...

South East KILO,

1 Attachment

Dear Mr Taylor
 
Please find attached an acknowledgement.
 
Yours sincerely

South East Regional Support Unit
[email address]
South East GoldFax: 0870 739 4026 

 

show quoted sections

South East KILO,

1 Attachment

Dear Mr Taylor
 
Please find attached a response.
 
Yours sincerely

South East Regional Support Unit
[email address]
South East GoldFax: 0870 739 4026 

--------------------------------------------------------------------------

From: South East KILO
Sent: 14 January 2016 15:04
To: '[FOI #309620 email]'
Subject: 102488 - Richard Taylor - Acknowledgement
Dear Mr Taylor
 
Please find attached an acknowledgement.
 
Yours sincerely

South East Regional Support Unit
[email address]
South East GoldFax: 0870 739 4026 

 

show quoted sections

Dear Ministry of Justice,

Re: FOI - 102488

I note your refusal to release the information under the Freedom of Information Act.

As I requested could you please also consider releasing the information requested under the Criminal Procedure Rules or if it assists the ministry in providing the information requested forward it to the appropriate office to be treated as general routine correspondence.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

South East KILO,

Dear Mr Taylor

Thank you for your e-mail.

If you wish to contact the Courts to now apply under the Criminal Procedure Rules for the information you seek, their full contact details are located in the following links:

https://courttribunalfinder.service.gov....
https://courttribunalfinder.service.gov....

Please apply to them directly, if so.

Yours sincerely

South East Regional Support Unit
[email address]
South East GoldFax: 0870 739 4026

show quoted sections

Dear Ministry of Justice,

Re: FOI - 102488

It appears you have forwarded my request on to the South East Regional Support Unit (South East KILO) which doesn't appear to be the relevant part of the Ministry of Justice / Courts and Tribunals Service.

Many thanks for the attempt to find the right part of the Ministry of Justice to deal with my request. Could you please try again?

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Dear Ministry of Justice,

I would like to request an internal review in to the handling of my request for information reference: 102488.

I would like the review consider:

1. If the information ought to have been released irrespective of any exemptions within the Freedom of Information Act allowing the ministry to withhold it. That the ministry considers an exemption in the Freedom of Information Act applies to information doesn't prevent the ministry from releasing the information. The response provided gives reasoning as to why the ministry considers it is not obliged to provided the requested information under the Freedom of Information Act but doesn't address the question of why the information is not being provided outside of the Act.

2. If the information ought to have been released under other access to information legislation or procedures, for example, as I suggested when requesting the information, under the Criminal Procedure Rules or by treating the request as general routine correspondence.

3. If the ministry has fulfilled its duty under Section 16 of the Freedom of Information Act to provide advice and assistance.

I suspect this request may not have been passed to the correct team within the Ministry of Justice, and if it had been directed to those who routinely deal with requests of this nature it would have been dealt with promptly.

I think there is a significant public interest in an open, public, courts system. The failure of the ministry to provide the information promptly in response to this request is alarming as without easy access to information of the nature requested we effectively do not have an open, public, courts system. I would like to suggest the views of those who work in the relevant policy area are sought to inform the review.

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

SW Region Support,

1 Attachment

Dear Mr Taylor,

Please see attached our acknowledgment of your request.

Kind Regards

Jess Cunningham
KILO & Business Support
HMCTS, SW Region

T 01392 331730
E [email address]
SW Regional Office, Lynx House, Pynes Hill Campus, Rydon Lane, Exeter, EX2 5JL


"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
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.

show quoted sections

SW Region Support,

1 Attachment

Please find attached response.

Kind regards

Knowledge and Information Liaison Officer & Business Support

HMCTS, SW Region Support Unit

T 01392 331751/34 (internal 1751/1734) |  E
[1][email address]

SW Regional Unit | Torquay and Newton Abbot County Court | Nicholson Road
| Torquay | TQ2 7AZ

DX 98740 TORQUAY 4

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
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.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]

Richard Taylor left an annotation ()

The internal review has upheld the rejection of my request.

The internal review response does though confirm the information requested is held by the Ministry of Justice. This suggests those charged with the murder of Jeff Henry in Cambridge following a reported attack (or attacks) on Sunday, June 7 2015 have been scheduled to appear in court.

The internal review irrelevantly refers to "Disclosures that are required as part of court proceedings" and "information gathered for trial". The information I have sought is not a disclosure required as part of court proceedings nor is it information gathered for trial.

Astonishingly advice and assistance provided claims that in relation to my simple request for court listing information "it would be necessary to put it before a Judge to decide whether or not the information could be released, as a Judicial rather than an administrative decision." This is not my interpretation of section 5.8 of the Criminal Procedure Rules, which I suggest put clear duties on court officers to provide information on request, it is only subsection (7) which is subject to the caveat "if the court so directs", and I don't think that is relevant here.

I am referred to the Cambridge Magistrates’ Court and Cambridge Crown Court despite reports linked above that the case has been moved to the Central Criminal Court. I will seek clarification on this point.

The courts service is part of the Ministry of Justice. I think the best place to address my request was the Ministry of Justice / Courts Service centrally as I have no reason to think any particular court holds the information I am seeking. (Cases relating to alleged crimes in Cambridge take place in many courts in Cambridge, Ipswich, Norwich, Huntingdon, Peterborough, London and perhaps elsewhere).

I have previously referred a similar case to the Information Commissioner who upheld the refusal:
http://www.rtaylor.co.uk/cambridge-magis...

Dear SW Region Support,

Re: IR 102903 Taylor

The response to my internal review request contained additional advice and assistance. I would like to seek clarification of the advice provided, and follow up the decision not to consider my request under the Criminal Procedure Rules.

I would like to know why I have been provided with links to contact details for Cambridge Magistrates’ Court and Cambridge Crown Court and ask why my request has not already been considered under the Criminal Procedure Rules as I have specifically requested.

The record of the correspondence can be viewed online:

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

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

Further options include a complaint to the Ministry of Justice / Courts and Tribunal Service, on the basis that my request appears to have reached those who could reasonably be considered "court officers" but they have not considered, and acted on, my request under the Criminal Procedure rules.

https://www.gov.uk/government/organisati...

SW Region Support,

Good Afternoon,

The following request was received under the Freedom of Information Act
2000 (FOIA).

‘…Could you please let me know where and when those charged with the
murder of Jeff Henry in Cambridge, following a reported attack (or
attacks) on Sunday, June 7 2015, are scheduled to appear in court…’

 
Following a review of the response to this FOIA request, can we ask you
please to now process this in accordance with the Criminal Procedure Rules
Section 5.8.  Please advise Mr Taylor of any fees which may be applicable.

Kind Regards

Jess Cunningham
KILO & Business Support
HMCTS, SW Region

Please Note that on 11 March the South West Regional Office moved to:
Second Floor, Exeter Combined Court, Southernhay Gardens, Exeter, EX1
1UH. 
Please also note that the KILO and Recruitment sub-team, Kate, Rachael and
I, have moved to Torquay and Newton Abbot County Court.

T 01392 331751
E [email address]
SW Regional Office, Torquay and Newton Abbot County Court, Nicholson Road,
Torquay, TQ2 7AZ
DX 98740 TORQUAY

For further information on the roles of RSU:
[1]http://libra.lcd.gsi.gov.uk/southwest-re...

"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".

show quoted sections

Doug Paulley left an annotation ()

The above message was sent to: "Cambridge MC, Enquiries (Non MoJ Account)", "Cambridge Crown, Enquiries" and "SW Region Support [at the Courts and Tribunal Service]" as well as being copied to the requestor.
--
Doug
WhatDoTheyKnow.com - volunteer administrator

Power, Natalie,

Good afternoon,
 
This case was transferred to the Central Criminal Court last year.  I am
not sure when the Trial is due to be listed however you can contact the
central criminal court on the following email address:
[1][email address]
 
Many thanks.
 
 
Natalie Power
Listing Assistant
Crown Court at Cambridge
The Courthouse | 83 East Road | Cambridge | CB1 1BT | DX 97365 Cambridge 2
Tel: 01223 488302
Goldfax: 01264 785012
[email address]
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
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. mailto:[email address]

Richard Taylor left an annotation ()

I note the latest correspondence from the listing assistant at Cambridge Crown Court appears to show it was not appropriate for the internal review response to direct me to Cambridge Magistrates’ Court and Cambridge Crown Court.

As far as I can see my request has still not been considered in accordance with the Criminal Procedure Rules despite it apparently coming to the attention of a number of court officers.

Dear Ministry of Justice,

Re: IR 102903 Taylor

I was encouraged to read the message from Jess Cunningham of the HMCTS, SW Region dated 22 April 2016 stating the Ministry of Justice has pro-actively further reviewed its response to this straightforward request for basic court listing information which I made on the 8th of January 2016 and in respect of which I am still awaiting a substantive response over four months later.

Could you please let me know if I should expect a response with reference to the Criminal Procedure Rules, to be forthcoming?

The record of the correspondence in relation to this request can be viewed online at:

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

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Richard Taylor left an annotation ()

A murder charge was reported, for example at:
http://www.bbc.co.uk/news/uk-england-cam...
http://www.webcitation.org/6oXyc1AFp

On the 18th of May 2016 Cambridgeshire Police issued a news release beginning:

"TWO men have admitting killing a man by seriously assaulting him in June last year.

Martin Saunders, 35, and Anthony Kenny, 37, pleaded guilty to the manslaughter of Jeff Henry, 39, at the Old Bailey today (May 18)."

http://www.cambs.police.uk/news/newsitem...

A further news release was issued on sentencing:

http://www.cambs.police.uk/news/newsitem...
http://www.webcitation.org/6oXz3PkP6

There are significant differences between what was reported by the police and news reports, such as
http://www.mirror.co.uk/news/uk-news/two...
http://www.webcitation.org/6oXz7p7O3

which appear perhaps to derive coverage by General and Central News Ltd:

http://courtnewsuk.co.uk/thugs-beat-riva...

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org