Prosecutions under sections 71 and 72 of the Criminal Code 1872

Summary

A request was made for prosecution statistics under specific sections of the Criminal Code 1872 and the Infanticide and Infant Life (Preservation) Act 1938, but the Attorney General's Chambers stated they do not hold this information.

Key Facts

• The Attorney General's Chambers does not hold the requested prosecution data.
• The request was split between the Freedom of Information Act 2015 for information created after 11 October 2011 and the Code of Practice for earlier information.
• The response suggests contacting the Chief Constable of the Isle of Man Constabulary as they may hold records of these offences.
• Offences under the requested statutes are classified as 'recordable offences' under the Police Records (Recordable Offences) Regulations 1999.
• The request was originally submitted on 2 October 2017.

Data Disclosed

• 2 October 2017
• 11 October 2011
• 1938
• 1872
• 1999
• 1998
• IM105286I
• 01624 685452

Exemptions Cited

• Information not held

Original Request

How many prosecutions have taken place on the Isle of Man under sections 71 and 72 of the Criminal Code 1872, and the Infanticide and Infant Life (Preservation) Act 1938, in every year since those respective statutes came into effect? Please put the figures into a spreadsheet according to specific years

Data Tables (1)

Full Response Text

Telephone: 01624 685452 ATTORNEY GENERAL'S CHAMBERS Email: foi@attgen.gov.im 2ND FLOOR, BELGRAVIA HOUSE

        CIRCULAR ROAD, DOUGLAS 
                                                                                                                                      ISLE OF MAN   IM1 1AE

REFERENCE NUMBER: IM105286I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your application dated 2 October 2017 requesting the following information: “How many prosecutions have taken place on the Isle of Man under sections 71 and 72 of the Criminal Code 1872, and the Infanticide and Infant Life (Preservation) Act 1938, in every year since those respective statutes came into effect? Please put the figures into a spreadsheet according to specific years.” Response to your request A Freedom of Information request can only be made in respect of information created on or after 11 October 2011. We have therefore responded to your request for information created before 11 October 2011 as a request under the Code of Practice on Access to Government Information, which can be found at www.gov.im/media/1358113/foia-codeof- practice.pdf and in respect of that portion of the information requested, created on or after 11 October 2011, under the provisions of the Freedom of Information Act 2015. Whilst our aim is to provide information whenever possible, in this instance, I can inform you that we do not hold the information that you have requested. However, you may wish to contact the Chief Constable, Isle of Man Constabulary, who may be able to help you. The Police Records (Recordable Offences) Regulations 1999, made under Section 30 of the Police Powers and Procedures Act 1998, prescribe offences which are to be treated as recordable offences for the purposes of that Act. As offences committed in contravention of Sections 71 and 72 of the Criminal Code 1872 and the Infanticide and Infant Life (Preservation) Act 1938 are punishable by terms of imprisonment, they fall within the definition of ‘recordable offences’ and it is therefore possible that the Chief Constable may hold records relating to offences committed as outlined in your request within police records.
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 to the FOI Co-ordinator, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/about-the- government/freedom-of-information/freedom-ofinformation-review-request/ , a paper copy can be requested by contacting the Cabinet Office direct.
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 apply for a review of decisions by the Information Commissioner, for a decision on; 1) Whether we have responded to your request for information in accordance with Part 2 of the Act; 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 rights to review is on the Information Commissioner’s website at: https://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