Consultation on new criminal procedures (FOI)

Request

On 24 July 2017, the Community and Constitutional Affairs Department started a consultation called 'Review of draft legislation on new criminal procedure' with the stated intention of lodging a proposition before the end of 2017. Comments were invited from the public. The consultation closed on 15 September 2017. The link to the details of this consultation on the States of Jersey website is here:

Review of draft legislation on new criminal procedure

Since that date, the Department has released no information at all about the response to this consultation, eg the number of submissions received, the nature of comments made and whether the Department followed up any of these submissions by corresponding further with any persons or organisations who submitted them. Moreover, none of the actual submissions received by the Department have been published in any form.

Therefore please supply the following:

A

Confirmation of the total number of submissions received by the Department in response to this consultation;

B

All the unedited submissions received by the Department in response to this consultation (subject to the persons or organisations who submitted them having expressed no objection to their publication);

C

Any subsequent correspondence by letter or email between the Department and any persons or organisations who made submissions in response to this consultation.

Response

A to C

The Community and Constitutional Affairs department intend to publish a full response to the above consultation on www.gov.je/government/consultations by 15 December 2017.

This request is therefore qualified exempt under the Article 36 of the Freedom of Information (Jersey) Law 2011.

Exemption applied

Article 36 Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant –

(a) of the date when the information will be published;

(b) of the manner in which it will be published; and

(c) by whom it will be published.

(3) In this Article, “published” means published –

(a) by a public authority; or

(b) by any other person.