The outcome of Motoring prosecutions

Summary

The request sought the ratio of acquittals to convictions for motoring prosecutions over three years, broken down by offence category. The Attorney General's Chambers provided data for General Gaol trials from 2015-2017 and Summary Court trials for 2017 only, but could not supply Summary Court statistics for 2015 and 2016 as they are not held by the authority.

Key Facts

• Data was provided for motoring trials in the Court of General Gaol Delivery for 2015, 2016, and 2017.
• Summary Court trial outcome statistics for 2015 and 2016 were not held by the Attorney General's Chambers.
• The response included specific case outcomes for offences such as dangerous driving, drink driving, and due care.
• The authority noted that the provided data does not reflect changes resulting from subsequent appeals or references.
• Requesters were advised to contact the Chief Constable or Chief Registrar for missing Summary Court data.

Data Disclosed

• 2015
• 2016
• 2017
• 12 months custody suspended for 2 years
• £8,000 costs
• £1750 fine
• 7 points on licence
• 2018-01-04
• 2018-01-31

Exemptions Cited

• Information not held or cannot be found after taking reasonable steps

Original Request

With reference to motoring prosecutions that actually go to trial in both courts I would like to find out the ratio of acquittals to convictions. Please set out the results say over the last three years and if possible further break the offences into the categories that you prosecute on, i.e. due care, dangerous driving etc.

Data Tables (7)

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 Page 1 of 4 REFERENCE NUMBER: IM115293I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) We write further to your request dated 4 January 2018, which was received on the same date and which states:
“With reference to motoring prosecutions that actually go to trial in both courts I would like to find out the ratio of acquittals to convictions. Please set out the results say over the last three years and if possible further break the offences into the categories that you prosecute on, i.e. due care, dangerous driving etc.” Response to your request I enclose a copy of most of the information you requested, including data for the 2015, 2016 and 2017 years relating to the outcome of offences tried before the Court of General Gaol Delivery and information relating to the outcome of offences tried before the Summary Courts for 2017. You may wish to note that this data does not necessarily reflect any subsequent change as a result of any appeal or reference. While our aim is to provide information whenever possible, in this instance we do not hold or cannot, after taking reasonable steps to do so, find the remaining information that you have requested. More specifically the information which is not held relates to Summary Court trial outcome statistics for the 2015 and 2016 years. However you may wish to note that the Attorney General’s Chambers is not statutorily responsible for keeping information relating to the outcome of trials and you may wish to contact the Chief Constable, Isle of Man Constabulary, or the Chief Registrar at the Isle of Man Courts of Justice, who may be able to provide you with further information. 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 at www.gov.im/foireview.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

Page 2 of 4

1. 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.
   Yours sincerely

FOI Co-ordinator Attorney General’s Chambers

Page 3 of 4

2015-2017 Motoring General Gaol Trials 2015: Causing Death by driving without due care and attention Found guilty after trial 12 months custody suspended for 2 years, £8,000 costs 2016: Dangerous driving
Found guilty after trial £1750 fine, 7 points on licence 2017 Nil

Motoring Trials in Summary Court - 2017 only

OFFENCE RESULT DRINK DRIVING:

Driving whilst unfit through drink or drugs Convicted after trial Drink Drive/Taking vehicle without consent/No Insurance and Disqualified Driving Dismissed
DUE CARE:

Due Care and Attention/Fail to Stop/Fail to Report
Convicted after trial Due care and attention Convicted after trial Due care and attention/Fail stop/Fail to report Convicted after trial Due Care and Attention/Fail to Stop/Fail to Report
Convicted after trial Due care and attention Not Guilty after trial Due care and attention Convicted after trial Due care and attention Convicted after trial Cause serious bodily harm by driving without Due Care & Attention Not Guilty after trial Causing death while driving without Due Care and Attention Convicted after trial Due care & attention, fail to produce driving licence Dismissed

Page 4 of 4 NO INSURANCE/LICENCE/TAX:

Driving without Driving Licence or Insurance Convicted after trial MOBILE PHONE:

Driving whilst using mobile phone Not Guilty after trial SPEEDING:

Driving otherwise than in accordance with Licence Speed Convicted after trial OTHERS:

Fail to confirm with Traffic Lighting Regs 1989 Not Guilty after trial