Disclosure Team
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Gideon Leibowitz
xxxx.xxxxxx@xxxxxxx.xxx.xx
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xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
16 November 2022
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Dear Mr Leibowitz
Freedom of Information Act (FOIA) Request – 221101046
Thank you for your requests dated 1 November 2022 in which you asked for the following
information from the Ministry of Justice (MoJ):
I am seeking information under the Freedom of Information Act (2000) regarding data
held by the Ministry of Justice (MoJ) on remand decisions.
Specifically, I am requesting the following information: For each of the past five years
for which data is available, what proportion of remand decisions in i) Crown Courts
and ii) Magistrates' xourts, were made on the basis of each of the categories defined
in Schedule 1 of the Bail Act 1976.
Any information would be greatly appreciated and please do not hesitate to get in
touch if you require any further clarification of the question.
Thank you for your help.
And
I am seeking information under the Freedom of Information Act (2000) regarding data
held by the Ministry of Justice (MoJ) on bail and remand hearings.
Specifically, I am requesting the following information: What proportion of defendants
in bail and remand hearings represent themselves in court, for each year in the past
five years for which data is available?
Any information would be greatly appreciated and please do not hesitate to get in
touch if you require any further clarification of the question.
And
I am seeking information under the Freedom of Information Act (2000) regarding data
held by the Ministry of Justice (MoJ) on religiously motivated hate crime convictions
in England and Wales.
Specifically, I am requesting the following information: how many convictions for
religiously-motivated hate crimes have there been in England and Wales for each of
the past five years, broken down by the perceived religion of the victim (e.g if the hate
crime was anti-Semitic in nature, or Islamophobic etc.)?
Any information would be greatly appreciated and please do not hesitate to get in
touch if you require any further clarification of the question.
Your request has been handled under the FOIA.
Where more than one request is received for the same or similar information, section 5(2) of
the FOI and Data Protection (Appropriate Limit and Fees) Regulations 2004 allows public
authorities to aggregate requests and respond to them together I have therefore aggregated
your requests
I can confirm the MoJ holds all of the information you have requested. However, to provide
as the request currently stands would exceed the cost limit set out in the FOIA.
Section 12(1) of the FOIA means a public authority is not obliged to comply with a request
for information if it estimates the cost of complying would exceed the appropriate limit
. The
appropriate limit for central government is set at £600. This represents the estimated cost of
one person spending 3.5 working days determining whether the department holds the
information, and locating, retrieving and extracting the information.
Information collated centrally by the MoJ does not include information concerning reasons
for granted or not granting bail, the representation status of defendants at each individual
hearing, or the nature of a religiously inspired hate crime
We believe that the cost of locating, retrieving and extracting the requested information from
individual case files at the courts in England and Wales would exceed the appropriate limit.
Consequently, we are not obliged to comply with your request.
Unfortunately, I am not able to suggest any refinement to your request which will allow it to
be responded to within the cost limit. The information you have requested is also exempt
from disclosure under section 32 of the FOIA because it is held only by virtue of being
contained in a court record. Therefore, even if the scope of your request were reduced to the
extent that it would come within the cost limit, section 32 would become engaged and the
information would be withheld under that exemption.
For guidance on how to structure successful requests please refer to the ICO website on the
following li
nk: https://ico.org.uk/your-data-matters/official-information/
http://www.legislation.gov.uk/uksi/2004/3244/pdfs/uksi_20043244_en.pdf
Appeal Rights
If you are not satisfied with this response you have the right to request an internal review by
responding in writing to one of the addresses below within two months of the date of this
response.
xxxx.xxxxxx@xxxxxxx.xxx.xx
Disclosure Team, Ministry of Justice
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You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any
aspect of your complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning their investigation.
Yours sincerely
David Carmichael
Ministry of Justice Data and Analysis
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