Covid sentences

Summary

The requester asked for statistics on non-custodial sentences (fines, community service, probation, and costs) for Coronavirus Regulation breaches between March 2020 and December 2022. The General Registry disclosed that 13 people were fined between March 2020 and July 2021 but refused to provide data for the remaining period or specific values due to system limitations.

Key Facts

• The General Registry confirmed 13 people were fined for Coronavirus breaches between 23 March 2020 and July 2021.
• Data for the period from August 2021 to December 2022 could not be extracted due to legacy system constraints.
• The authority cited a practical refusal reason under Section 11.3(b) and Section 8(3)(c) of the Freedom of Information Act 2015.
• A new courts management system is expected to be implemented by the end of March 2025, but may only migrate current data.
• Information regarding the total value of fines, community service orders, probation orders, and costs was withheld.

Data Disclosed

• 13 people fined
• 23rd March 2020
• July 2021
• August 2021
• December 2022
• March 2025
• 70 persons (custodial sentences mentioned in request context)
• 2 juveniles (custodial sentences mentioned in request context)

Exemptions Cited

• Section 11.3(b) of the Freedom of Information Act 2015
• Section 8(3)(c) of the Freedom of Information Act 2015 (substantial compilation or collation of information)

Original Request

On 27th June 2023 we submitted a FOI request to the General Registry in relation to Covid sentences. We had already been provided information by IOM Constabulary that 70 persons on the Isle of Man (including 2 juveniles) had received custodial sentences for breach of Covid Regulations. Our FOI dated 27th June 2023 to the General Registry requested information about non-custodial sentences. The reply we received from the General Registry dated 13th July 2023 stated that "our current systems do not allow us to extract the data that you request". However, there was an indication that a new computer system was being implemented which would enhance data extraction. One year on, we therefore now repeat our original questions as follows: 1.For the period 23rd March 2020 to 1st December 2022 what is the total number of persons fined by the IOM Courts for breach of any Coronavirus Regulations? 2. What is the overall value of such fines? 3. How many persons received a community service order by the IOM Courts for breach of any Coronavirus Regulations during the same period? 4. How many persons received a probation order by the IOM Courts for breach of any Coronavirus Regulations during the same period? 5. What is the overall value of costs awarded against defendants by the IOM Courts for breach of any Coronavirus Regulations during the same period? Thank you.

Data Tables (1)

Full Response Text

This request is being handled under the Freedom of Information Act 2015.

We write further to your request received 18 July 2024, which states:

"On 27th June 2023 we submitted a FOI request to the General Registry in relation to Covid sentences.

We had already been provided information by IOM Constabulary that 70 persons on the Isle of Man (including 2 juveniles) had received custodial sentences for breach of Covid Regulations.

Our FOI dated 27th June 2023 to the General Registry requested information about non-custodial sentences.

The reply we received from the General Registry dated 13th July 2023 stated that "our current systems do not allow us to extract the data that you request". However, there was an indication that a new computer system was being implemented which would enhance data extraction.

One year on, we therefore now repeat our original questions as follows:

1.For the period 23rd March 2020 to 1st December 2022 what is the total number of persons fined by the IOM Courts for breach of any Coronavirus Regulations?

1. What is the overall value of such fines?

2. How many persons received a community service order by the IOM Courts for breach of any Coronavirus Regulations during the same period?

3. How many persons received a probation order by the IOM Courts for breach of any Coronavirus Regulations during the same period?

4. What is the overall value of costs awarded against defendants by the IOM Courts for breach of any Coronavirus Regulations during the same period?

Thank you."

Answer:

We refer to our original response letter reference 3207038 dated 13th July 2023 and Internal Review response of the same reference number dated 18th August 2023; we repeat our answers as below. Further, our new courts management system is still not in place. We hope this will occur by the end of March 2025 but is subject to change.
It is thought that only current data will be subject to migration. Whilst it is thought that the current ‘old’ system will be stored in a static area for an unknown period of time, our practical refusal reason remains applicable.

“Question 1: What is the total number of persons fined by the IOM Court for breach of any Coronavirus Regulations? Ans: 13 People were fined only within the IOM Courts 23rd March 2020 up until July 2021, we do not have further data to for the period August 2021 to December 2022. For the partial data not supplied here, we rely on the practical refusal reason: Section 11.3 (b) “complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) things a public authority is not required to do by the Act, namely 8,3 (c) “undertake substantial compilation or collation of information that it holds”. Questions 2 to 5: Ans: Unfortunately, due to reporting constraints on our legacy Courts Case Management System, I am unable to confirm this without having to access every case during this period. We therefore apply the practical refusal reason to this request to Section 11.3 (b) “complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) things a public authority is not required to do by the Act, namely 8,3 (c) “undertake substantial compilation or collation of information that it holds”. For these reasons General Registry is not obliged to comply with your request. Please quote the reference number 3994533 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.

FOI Co-ordinator