Total persons sentenced to custody for breach of Emergency Powers Regs

Summary

The request sought the total number of persons sentenced to custody for breaching Emergency Powers Regulations 2020. The authority disclosed a corrected figure of 24 sentenced individuals but stated it does not hold data regarding juvenile defendants.

Key Facts

• The initial response on 21 May 2020 incorrectly stated 26 people were sentenced.
• A correction on 3 July 2020 clarified that 2 of those individuals were on remand awaiting trial, not sentenced.
• The corrected total number of persons sentenced to custody is 24.
• The Department of Home Affairs does not hold information on juvenile defendants as this is the responsibility of the DHSC.
• The request covered sentences by the High Bailiff, Deputy High Bailiff, and Magistrates.

Data Disclosed

• 26
• 24
• 2
• 2020-05-18
• 2020-05-21
• 2020-07-03
• 2020-05-20

Exemptions Cited

• Information not held by the authority (specifically regarding juveniles)

Original Request

What is the overall total number of persons to date who have received a custodial sentence in the Manx Courts for breach of any of the Emergency Powers Regulations 2020? (This is to include sentences by the High Bailiff, the Deputy High Bailiff and the Magistrates. It is to include Male and female, adult and juvenile defendants and whether immediately sentenced at first appearance or sentenced after a period on remand in custody. It is also inclusive of those persons who have served their sentence or are still currently serving their sentence).

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 1294977 3 July 2020

Dear ###

We write further to your request which was received on 18 May 2020 and which states:

"What is the overall total number of persons to date who have received a custodial sentence in the Manx Courts for breach of any of the Emergency Powers Regulations 2020? (This is to include sentences by the High Bailiff, the Deputy High Bailiff and the Magistrates. It is to include Male and female, adult and juvenile defendants and whether immediately sentenced at first appearance or sentenced after a period on remand in custody. It is also inclusive of those persons who have served their sentence or are still currently serving their sentence)."

In the response provided on 21st May 2020 you were advised that the number of people who have received a Custodial Sentence in the Manx Courts for Breach of any of the Emergency Powers Regulations 2020 was 26 (as at 20th May 2020). As part of review and collation of data and statistics, I must advise that 2 people included in this figure were held on remand, and had not been sentenced. Both these matters are awaiting trial, and should not have been included in the response as 'sentenced' and the figure given should have been “24”. Please accept my apologies for this.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. The Department of Home Affairs does not deal with juveniles, that is the sole responsibility of DHSC

Please quote the reference number 1294977 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely