Criminal Investigation Involving Isle of Man Judiciary

Summary

The requester asked for the identity of an independent barrister and correspondence regarding a criminal investigation involving the Isle of Man Judiciary. The Attorney General's Chambers refused to disclose any information, citing exemptions related to ongoing criminal proceedings and potential prejudice to the investigation.

Key Facts

• The request concerns a criminal investigation involving the Isle of Man Judiciary.
• The Attorney General's Chambers determined that the file of evidence would be sent to an independent barrister to mitigate conflict of interest.
• No information was released as all requested data was held but exempt.
• The authority stated that releasing information could prejudice the independent advice on a charging decision.
• The requester was advised they could submit a Data Subject Access Request for personal information.

Data Disclosed

• 2020-11-24
• 2020-11-30
• 2020-12-01
• 1572638
• section 31(1)
• 17.56
• 23rd November 2020

Exemptions Cited

• Section 31(1) of the Freedom of Information Act 2015 (prejudice to criminal investigations and proceedings)

Original Request

Dear Attorney General Chambers I was advised in an email from XXXXXXXXX timed @ 17.56 on the 23rd November 2020 that : " I have copied this directly from XXXXXXXXX Isle of Man Attorney General Director of Prosecutions" " There is no UK department investigating any case. The file of evidence will be sent to an independent barrister for advice on a charging decision any further enquiries required given the potential for conflict of interest. They will advise in writing." I am requesting the name of the independent barrister, the name of the company that the barrister works for and the organisation the barrister works for. I am also requesting all documents emails or any other correspondence in regards the decision to send the criminal case to an independent barrister in the United Kingdom . I also request the date the Attorney Generals Chambers is expected to send the criminal case file to the independent barrister in the United Kingdom. I would also request has the United Kingdom Ministry of Justice been advised of the developments surrounding this criminal investigation, or have any other United Kingdom Government Departments been made aware of case XXXXXXXXX, if so who, what date they were informed and i request any documentation in this regard be provided as part of this foi. I am not asking for the specifics of the case , but exactly who has been involved in making these decisions and the name of the independent barrister that the Isle of Man Attorney General intends to now use. A timely response would be appreciated given i am one of the potential victims that this investigation surrounds. If the Attorney Generals Office wish to see the email from XXXXXXXX, that can naturally be provided. For the avoidance of doubt the case this foi is in respect to is case XXXXXXXXXX.

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: 1572638 30 November 2020

Dear

We write further to your request which was received on 24 November 2020 and which states:

"Dear Attorney General Chambers

I was advised in an email from on the 23rd November 2020 that :

" I have copied this directly from Isle of Man Attorney General Director of Prosecutions"

" There is no UK department investigating any case. The file of evidence will be sent to an independent barrister for advice on a charging decision any further enquiries required given the potential for conflict of interest. They will advise in writing."

I am requesting the name of the independent barrister, the name of the company that the barrister works for and the organisation the barrister works for.

I am also requesting all documents emails or any other correspondence in regards the decision to send the criminal case to an independent barrister in the United Kingdom .

I also request the date the Attorney Generals Chambers is expected to send the criminal case file to the independent barrister in the United Kingdom.

I would also request has the United Kingdom Ministry of Justice been advised of the developments surrounding this criminal investigation, or have any other United Kingdom Government Departments been made aware of case if so who, what date they were informed and i request any documentation in this regard be provided as part of this foi.

I am not asking for the specifics of the case , but exactly who has been involved in making these decisions and the name of the independent barrister that the Isle of Man Attorney General intends to now use.

A timely response would be appreciated I

For the avoidance of doubt the case this foi is in respect to is case "

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 conducted by a public authority in respect of which criminal proceedings may be instituted.

Factors in favour of disclosure The specific circumstances we have taken account of the public interest in the importance of 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 1572638 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