Criminal Investigation Involving Isle of Man Judiciary

Summary

A request was made for details regarding the transfer of an ongoing criminal investigation involving the Isle of Man Judiciary to the United Kingdom Crown. The Attorney General's Chambers refused to disclose any information, citing exemptions related to ongoing criminal proceedings.

Key Facts

• The request concerns crime number XXXXXXXXXX logged on 26/11/2019.
• The investigation is described as live and ongoing.
• The request sought confirmation if the UK Crown took over the investigation and the date of transfer.
• The request asked for correspondence leading to the decision to transfer the case.
• The authority determined that withholding information outweighed the public interest in disclosure.

Data Disclosed

• 1570837
• 26/11/2019
• 2020-11-23
• 2020-12-01
• 20th November
• 20.48 PM
• section 31(1)
• Freedom of Information Act 2015
• 3 pages
• 1 document

Exemptions Cited

• Section 31(1) of the Freedom of Information Act 2015 (Investigations and proceedings conducted by public authorities)

Original Request

Dear Sirs I write in reference to crime number XXXXXXXXXX logged on the 26/11/2019 , which has been a live criminal investigation since that date and is still ongoing. I request to be advised if the case has been now taken over by the United Kingdom Crown for investigation. I request the date the Attorney Generals Chambers transferred the case from on Island to the United Kingdom and the Department in the United Kingdom that is undertaking the investigation. I also request if the Isle of Man Chief Constable was involved in the decision to let the United Kingdom take over the investigation. I request all emails, letters or any other correspondence that led to the decision to transfer the case for investigation to the United Kingdom. I have been advised on the 20th November @ 20.48 PM by XXXXXXXXXX by telephone that it was the Isle of Man Attorney Generals Director of Prosecutions , that made the decision to transfer the investigation off Island, again please advise if this is factually correct .

Data Tables (1)

Full Response Text

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452
E-mail: attgen@gov.im

Our ref: 1570837 30 November 2020

Dear

We write further to your request which was received on 23 November 2020 and which states:

"Dear Sirs

I write in reference to logged on the 26/11/2019 , which has been a live criminal investigation since that date and is still ongoing.

I request to be advised if the case has been now taken over by the United Kingdom Crown for investigation.

I request the date the Attorney Generals Chambers transferred the case from on Island to the United Kingdom and the Department in the United Kingdom that is undertaking the investigation.

I also request if the Isle of Man was involved in the decision to let the United Kingdom take over the investigation.

I request all emails, letters or any other correspondence that led to the decision to transfer the case for investigation to the United Kingdom.

I have been advised on the 20th November @ 20.48 PM by by telephone that it was the Isle of Man Attorney Generals Director of Prosecutions , that made the decision to transfer the investigation off Island, again please
advise if this is factually correct ."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to section 31(1) of the Freedom of Information Act 2015 as it is information held by the Attorney General’s Chambers (the “AGC”) in relation to an investigation by a public authority in respect of which criminal proceedings may be instituted.

As section 31 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure Promoting good decision making by public bodies, ensuring standards of integrity are upheld and that there is justice and fair treatment of all.

Factors in favour of withholding The information held by the AGCs is because in a case which may lead to criminal proceedings being instituted, the AGC has a duty to ascertain whether a person should be charged with an offence or whether a person charged with an offence is guilty of it.

Furthermore, as the case to which your Freedom of Information request relates is ongoing, the release of such information at this point may prejudice the independent advice on a charging decision which is being sought to mitigate the potential for any conflict of interest.

In taking these factors into account the Attorney General's Chambers determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

You are entitled to make an application to the AGCs for your personal information that we may hold by submitting a Data Subject Access Request (DSAR). Any personal data we hold, however, as with any request for personal data, may be subject to some exemptions. You can submit a DSAR to the AGCs in writing or by emailing DPO- AGC@gov.im.

Please quote the reference number 1570837 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