Edward Paisnel investigation (FOI)
Edward Paisnel investigation (FOI)Produced by the Freedom of Information office
Authored by Government of Jersey on behalf of the States of Jersey Police and published on 12 June 2019.
Prepared internally, no external costs.
I am seeking access to everything relating to the hunt, capture and prosecution of Edward John Louis Paisnel, dubbed the Beast of Jersey as part of research about his crimes and prosecution between 1960 and 1971.
This request is refused under the following articles of the Freedom of Information (Jersey) Law 2011:
Article 23 Information accessible to applicant by other means –
(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.
(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.
Certain information is already available in the public domain, and therefore absolutely exempt, through commonly known search engines and from Jersey Archive at https://catalogue.jerseyheritage.org/collection/Details/archive/110003598?source=descendants
Article 24 Court information
(1) Information is absolutely exempt information if it is held by a scheduled public authority only by virtue of being contained in a document –
(a) filed with, or otherwise placed in the custody of, a court; or
(b) served upon, or by, the scheduled public authority,
in proceedings in a particular cause or matter.
Certain information was created and used specifically for legal proceedings.
Article 25 Personal information
(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.
(2) Information is absolutely exempt information if –
(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and
(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.
Certain information held contains sensitive third party information. The disclosure of such would constitute a breach of the Data Protection (Jersey) Law 2018.
Article 26 Information supplied in confidence
Information is absolutely exempt information if –
(a) it was obtained by the scheduled public authority from another person (including another public authority); and
(b) the disclosure of the information to the public by the scheduled public authority holding it would constitute a breach of confidence actionable by that or any other person.
Information within the documents has been provided by members of the public in strict confidence, and due to the highly sensitive nature of this investigation, any disclosure would constitute a breach of this confidence.
Article 31 Advice by the Bailiff, Deputy Bailiff or a Law Officer
Information is qualified exempt information if it is or relates to the provision of advice by the Bailiff, Deputy Bailiff or the Attorney General or the Solicitor General.
Public Interest Test
Articles 31 is a qualified exemption, which means that a public interest test is required to be undertaken. It is therefore necessary to examine the circumstances of the case. It is noted that information held includes advice from Law Officers which remains sensitive to living persons.
Following assessment the States of Jersey Police have to decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the
information. Although there is a need for transparency and accountability by public authorities, the public interest does not outweigh the requirement to maintain Law Officer privilege.
Article 38 Endangering the safety or health of individuals
Information is qualified exempt information if its disclosure would, or would be likely to –
(a) Endanger the safety of an individual; or
(b) Endanger the physical or mental health of an individual
Public Interest Test
Article 38 is a qualified exemption and the public interest test has therefore been applied.
Harm could be caused to individuals following the release of any detailed information - the individuals could suffer from mental anguish following the publication of any details, reopening the events in question. The public interest test falls on the side of non-disclosure.