Education professional development and review of Crown Prosecution IOM

Summary

A request for information regarding Crown Prosecutor qualifications, training, and case statistics was partially refused because the authority does not hold the specific data or deemed some questions as not being requests for recorded information. The response clarified that prosecutors are members of the Manx Bar rather than Crown Prosecutors and provided a job description for a Legal Officer in Prosecutions.

Key Facts

• The Attorney General's Chambers does not hold information on procedures for auditing prosecutors or statistics on cases not progressed.
• Prosecutors in the Isle of Man are members of the Manx Bar and are not technically 'Crown Prosecutors'.
• There are no formal Continuing Professional Development (CPD) requirements or mandatory training hours for prosecutors.
• Training is provided by the Isle of Man Law Society and various external bodies.
• A job description for a Legal Officer in Prosecutions was enclosed as the closest available document.

Data Disclosed

• March 2017
• 2019
• 2023-08-01
• 2023-08-18
• Section 11(3)(a)
• Section 9(5)(a)(iii)
• Section 11(3)(c)

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act (information not held or cannot be found after reasonable steps)
• Section 9(5)(a)(iii) of the Freedom of Information Act (questions do not constitute an adequate description of recorded information)
• Section 11(3)(c) of the Freedom of Information Act (practical refusal reason)

Original Request

The Crown Prosecution Code was last updated In March 2017 These questions relate to the procedure and protocols implemented by the AGS office to ensure that the CROWN PROSECUTION CODE is followed to ensure fairness,and justice within our Legal system What are the formal qualifications required of a Crown Prosecutor? Can you provide the most recent job description for a Crown Prosecutor? What CPD requirements are required annually in terms of hours and core subjects for a Crown Prosecutor? What formal training is provided to a Crown Prosecutor in terms of Prosecution Code? Can you provide dates of formal training and assessment for all Crown Prosecutors? Is there a procedure and protocol in terms of 'who audits' the prosecutors to ensure prosecution code is followed by them in terms of 'Evidential Testing and The Public Interest Test? Does an audit exist for cases brought before the Prosecutors, if so please provide information and an example? How many cases have been assessed by the Prosecutors from 2019 to date? Can you provide the number of cases progressed in a percentage form for the period 2019 to date? Can you provide the numbers of cases not progressed in percentage form for the period 2019 to date?

Data Tables (1)

Full Response Text

XXXX

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: 3304261 18 August 2023

Dear XXX

We write further to your request received 1 August 2023, which states:

"The Crown Prosecution Code was last updated In March 2017

These questions relate to the procedure and protocols implemented by the AGS office to ensure that the CROWN PROSECUTION CODE is followed to ensure fairness,and justice within our Legal system

What are the formal qualifications required of a Crown Prosecutor?

Can you provide the most recent job description for a Crown Prosecutor?

What CPD requirements are required annually in terms of hours and core subjects

for a Crown Prosecutor?

What formal training is provided to a Crown Prosecutor in terms of Prosecution Code?

Can you provide dates of formal training and assessment for all Crown Prosecutors?

Is there a procedure and protocol in terms of 'who audits' the prosecutors to ensure prosecution code is followed by them in terms of 'Evidential Testing and The Public Interest Test?

Does an audit exist for cases brought before the Prosecutors, if so please provide information and an example?

How many cases have been assessed by the Prosecutors from 2019 to date?

Can you provide the number of cases progressed in a percentage form for the period 2019 to date?

Can you provide the numbers of cases not progressed in percentage form for the period 2019 to date?"

In relation to the following points of your request regarding ‘procedure and protocols’, and ‘cases not progressed’; “These questions relate to the procedure and protocols implemented by the AGS office to ensure that the CROWN PROSECUTION CODE is followed to ensure fairness,and justice within our Legal system” ; and“Can you provide the numbers of cases not progressed in percentage form for the period 2019 to date?": while our aim is to provide information whenever possible, in this instance the AGC does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. Therefore a practical refusal reason applies under Section 11(3)(a) of the Freedom of Information Act (“FOIA”).

For the following point; “Can you provide the most recent job description for a Crown Prosecutor?”, I have enclosed a copy of the job description for a Legal Officer in Prosecutions.

Regarding some of your remaining points within your request, AGC considers that they constitute questions and not requests for recorded information, which the FOIA is there to enable you to request. Thereby these points of your request under Section 9(5)(a)(iii) of the FOIA do not provide ‘an adequate description of the information requested’, and a practical refusal reason under Section 11(3)(c) applies.

The purpose of the FOIA is to give residents of the Isle of Man a legally enforceable right of access to information held by public authorities in accordance with the principles that information should be available to the public to promote the public interest and that exceptions to the right of access are necessary to maintain a balance with the rights of privacy, effective government and value for the taxpayer. However, by way of advice and assistance we have endeavoured to answer your questions below.

“What are the formal qualifications required of a Crown Prosecutor?

What CPD requirements are required annually in terms of hours and core subjectsfor a Crown Prosecutor?’

What formal training is provided to a Crown Prosecutor in terms of Prosecution Code?

Can you provide dates of formal training and assessment for all Crown Prosecutors?”

AGC Prosecutors are members of the Manx Bar, who prosecute on behalf of His Majesty’s Attorney General. They are not Crown Prosecutors.

There are no formal CPD requirements or training requirements, however, the Isle of Man Law Society organise training for members, and prosecutors in Chambers receive training from a variety of sources to include ‘in-person’ training and training provided by external bodies.

“Is there a procedure and protocol in terms of 'who audits' the prosecutors to ensure prosecution code is followed by them in terms of 'Evidential Testing and The Public Interest Test?

Does an audit exist for cases brought before the Prosecutors, if so please provide information and an example?”

All new prosecutors are supervised, by mentoring and peer review, and all prosecutors have a yearly appraisal.

“How many cases have been assessed by the Prosecutors from 2019 to date?”

Can you provide the number of cases progressed in a percentage form for the period 2019 to date?

All figures available for the Prosecutions Division are available in the Attorney General’s Chambers Annual Operating Reports here: https://www.gov.im/about-the-government/offices/attorney-generals-chambers/

Previous years’ reports are available here: https://www.gov.im/media/1367114/agc-annual-operating-report-for-the-year-ended- 31-march-2019.pdf

https://www.gov.im/media/1380270/annual-operating-report-for-the-year-ended-31- march-2023.pdf

For any further queries you may have with regard to the answers provided please contact our general mailbox: GeneralMailbox.ATG@attgen.gov.im
In terms of FOI requests, I would direct you to the Isle of Man Government website; https://www.gov.im/about-the-government/freedom-of-information/how-to-make-a- freedom-of-information-request/, which details advice on how to make an FOI request, in particular ‘Writing your request’, for any future applications you may make. Your right to request a review

Please quote the reference number 3304261 in any future communications.

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

XXXX

Working Together for the Isle of Man
Page 1 of 2

What will you do?

The post holder will primarily assist the Prosecutions team in the Attorney General’s Chambers which, on behalf of HM Attorney General, is responsible for the conduct of criminal prosecutions through the Courts of Summary jurisdiction and the Court of General Gaol Delivery on the Isle of Man. Duties will include attendance at the Summary Court.

This role presents a unique opportunity to gain experience in an exciting and varied role, contributing to the externalisation of prosecution services in accordance with government policy. The role also coincides with the introduction of ground breaking legislation in relation to Justice Reform and Sexual Offending – you will play a part in the development and implementation of the prosecution response. What does that involve?

The successful candidate will be responsible for supporting the Director of Prosecutions and the Senior Prosecutors in leading and managing the Prosecutions Team within Chambers. The principal duties and accountabilities will see you working within a team of prosecution lawyers who help to ensure that the Attorney General’s role in the Criminal Justice system is efficiently delivered. You will manage your individual caseload in an effective and efficient manner, preparing appropriate legal advice for the Isle of Man Constabulary relevant to potential prosecutions, including advising as to charge, mode of trial and preparation of committal papers. This Legal Officer may be required to represent HM Attorney General in a wide range of contacts, formal and informal, with members of the Isle of Man Civil Service and Public Service, including the Chief Constable and his representatives, and senior officers of Government. It will also include engagement with external partners to provide a presence on behalf of AGC and relevant community engagement events. This diverse workload will also see you supporting CILEX students, testing the case management system, designing events which support learning across the Public Service and producing information papers for future meetings. This role is under the Isle of Man Public Service Commission stationed in the Attorney General’s Chambers. This role falls under the legal sub-family of criminal law, graded at SEO level and attracts a market rating supplement of 3%.

Role Description & Person Specification Legal Officer – Prosecutions

Attorney General’s Chambers Working Together for the Isle of Man
Page 2 of 2

What do you need to be successful in this role?

Essential or Desirable

Method
of Assessment Qualifications Applicant must be a qualified Isle of man Advocate or a qualified UK Solicitor or Barrister
E CV/ Certificates Credibility 6+ months post qualification experience providing legal services including defence or prosecution work D CV / Interview Build supportive relationships and works collaboratively with stakeholders
E Interview Experienced working as part of a team and supporting senior colleagues D CV / Interview Present legal propositions confidently and clearly
E CV / Interview Be professional and credible
E Interview / Checks Up to date knowledge and practice of Manx criminal law D CV /Interview Up to date knowledge of Isle of Man Court processes D CV / Interview Capability Good organisational and time management skills E Interview Evidence of continued professional development D CV / Interview Confident providing legal advice both orally and in writing E CV / Interview Able to plan workload and achieve deadlines under pressure E CV /Interview IT literate with a good working knowledge of Microsoft Office, case management systems and experience of working in a primarily digital environment E CV/ Interview Character Mature, confident and highly credible
E Interview Ability to remain calm under pressure E Assessment /Interview A high level of integrity E Interview Self-motivated and comfortable taking initiative E Interview Self-reliant with excellent organisation skills E Interview Good team player E CV/ Interview Demonstrable commitment to treating others with compassion, dignity and respect E Interview Trust and is trusted E CV/ Interview Other requirements Isle of Man Worker D Application/Checks Able to participate in the out of hours rota, attending Court at weekends and Bank Holidays E CV/ Interview Satisfactory Police Check
E Application/Checks