open justice legal principle

Summary

The requester asked for policies governing the redaction and publication of judgments on the Isle of Man courts website. The General Registry responded that no such written policies or strategies exist, as publication decisions are based on the application of Manx Law and specific legislative safeguards rather than a formal document.

Key Facts

• The General Registry does not hold a 'judgments policy' or related procedures determining redaction or availability.
• Judgment availability is determined by the application of Manx Law rather than a specific policy document.
• There is no legislation mandating the publication of judgments, though some legislation prohibits publishing certain information.
• Safeguards exist in family cases to prevent the identification of children.
• No 'judgments website uploads policy or strategy' exists for the www.judgments.im website.

Data Disclosed

• 3852710
• 2024-05-14
• 2024-06-12
• section 11(3)(a)
• Part 2
• Freedom of Information Act 2015

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

Please supply a copy of the judgments policy or similar and any related procedures to clarify on what basis judgments are either available unredacted, available redacted or not available. Please supply a copy of the judgments website uploads policy or strategy to clarify on what basis available judgments are uploaded or not uploaded to the www.judgments.im website and on what frequency.

Data Tables (1)

Full Response Text

M. ####

General Registry Oik- Recortyssee Chief Registrar
Stuart Quayle

Isle of Man Courts of Justice Deemsters Walk, Bucks Road Douglas, Isle of Man IM1 3AR

Telephone:
(01624) 685979 Email: DPO- GenReg@gov.im

Our ref: 3852710 12 June 2024

Dear M. ###

We write further to your request received 14 May 2024, which states:

"Please supply a copy of the judgments policy or similar and any related procedures to clarify on what basis judgments are either available unredacted, available redacted or not available.

Please supply a copy of the judgments website uploads policy or strategy to clarify on what basis available judgments are uploaded or not uploaded to the www.judgments.im website and on what frequency."

While our aim is to provide information whenever possible, in this instance a practical refusal reason applies under section 11(3)(a) of the Act as we do not hold the information requested, further explained below.

As regards point 1, no such ‘policy or similar’ or any ‘related procedures’ exist which determine whether judgments are available unredacted, available redacted or not available. Whether a judgment is available for public consumption, in whole or in part, requires an application of Manx Law. There is no legislation that mandates the publication of judgments, but certain legislation prohibits the public consumption of certain information. For example, there are safeguards in place in family cases so that children cannot be identified.

As regards point 2, no such ‘policy or strategy’ exists.

Please quote the reference number 3852710 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

FOI Co-ordinator