UK Family Law Reform

Free information index

----- Original Message -----
From: david@mortimers-removals.co.uk
To: SouthEastKILO@HMCTS.GSI.GOV.UK
Sent: Monday, February 25, 2013 5:56 PM
Subject: You only referred 1 case of perjury to the police in the last 5 years

Hi Karen,

So, you do not know that you only referred 1 case of perjury to the police in the last 5 years?

Many thanks Dave

----- Original Message -----
From: SouthEastKILO@HMCTS.GSI.GOV.UK
To: david@mortimers-removals.co.uk
Sent: Monday, February 25, 2013 3:43 PM
Subject: PROTECT - FOI response

Dear Mr Mortimer,

Freedom of Information Request

Thank you for your email of 30th January 2013, in which you asked for the following information from Her Majesty’s Courts and Tribunals Service (HMCTS):

“Please will you kindly tell me how many cases of perjury have been referred by Milton Keynes County Court to the police Milton Keynes in each of the last 5 calendar years' given the Lord Chief Justices ruling in 2001 which said:- If a judge considers that the Police should pursue an investigation in respect of the commission of perjury by a witness or a party at a trail, the judge must make this clear in his judgment and make the necessary order so as to require the court to send the papers in the case to the Police or the appropriate authorities. If the judge does not make such a direction in the course of his judgment, then the Police can assume that there is no case of perjury to be investigated. However, should relevant evidence come to light, the aggrieved party may return to court to place the fact before a judge and/or appeal. It will then be open to that judge to give the aforementioned direction if appropriate.”

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that HMCTS does not hold the information that you have requested. To establish whether the information was held I conducted a thorough search making enquires with the Milton Keynes County Court and our Civil Operations Branch. Civil Operations Branch have confirmed that County Courts have never been requested to maintain such records.

If the information was held by HMCTS it would have to be held by the above mentioned business areas. It may help if I clarify that information is not held by HMCTS because there is no legal or business requirement for HMCTS to hold the information being requested.

I have suggested below the public authority which you may wish to direct your request to because they may hold information as they have the policy lead/or responsibility for the issue enquired about.

Please be advised that the FOIA does not oblige a public authority to create information to answer a request if the requested information is not held. It does not place a duty upon public authorities to answer a question unless recorded information exists. The FOIA duty is to only provide the recorded information held.

You can find out more about information held for the purposes of the Act by reading some guidance points we consider when processing a request for information, attached at the end of this letter.

You can also find more information by reading the full text of the Act, available at

http://www.legislation.gov.uk/ukpga/2000/36/contents

However, you may wish to contact the Thames Valley Police as they may hold some of the information you have asked for. Please see their link below:

http://www.thamesvalley.police.uk/contactus/contactus-feedback/contactus-feedback-foi.htm

You have the right to appeal our decision if you think it is incorrect. Details can be found in the ‘How to Appeal’ section attached at the end of this letter.

Disclosure Log

You can also view information that the Ministry of Justice has disclosed in response to previous Freedom of Information requests. Responses are anonymised and published on our on-line disclosure log which can be found on the MoJ website:

http://www.justice.gov.uk/information-access-rights/foi-requests/latest-moj-disclosure-log

The published information is categorised by subject area and in alphabetical order.

Yours sincerely

Karen Marie Hutchings
Business Support Manager
South East Regional Support Unit
HMCTS

----- Original Message -----
From: PublicAccess@thamesvalley.pnn.police.uk
To: david@mortimers-removals.co.uk
Sent: Tuesday, February 19, 2013 3:41 PM
Subject: RFI2013000083 Response

Dear Mr Mortimer

Reference No: RFI20130000083

I write in connection with the above-referenced Freedom of Information request dated 30/1/2013 which has now been considered as follows:

Request

Please will you kindly tell me how many cases of perjury have been referred to you by Milton Keynes County Court in each of the last 5 calendar years'

Response

Thames Valley Police recorded one relevant incident in 2008.

No other information is held with regards to the other requested years.

Complaint Rights

If you are dissatisfied with the handling procedures or the decision made by Thames Valley Police, you can lodge a complaint with the force to have the decision reviewed within 2 months of the date of this response. Complaints should be made in writing to the Public Access inbox: (PublicAccess@thamesvalley.pnn.police.uk)

If, after lodging a complaint with Thames Valley Police, you are still unhappy with the outcome, you may make application to the Information Commissioner at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Jane Shields LLB

Public Access Officer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: foi@thamesvalley.pnn.police.uk
Sent: Wednesday, January 30, 2013 4:12 PM
Subject: Please accept this as a official request for information under the freedom of information act.

Dear Sir or Madam,

Please accept this as a official request for information under the freedom of information act.

Please will you kindly tell me how many cases of perjury have been referred to you by Milton Keynes County Court in each of the last 5 calendar years' given the Lord Chief Justices ruling in 2001 which said:- If a judge considers that the Police should pursue an investigation in respect of the commission of perjury by a witness or a party at a trail, the judge must make this clear in his judgment and make the necessary order so as to require the court to send the papers in the case to the Police or the appropriate authorities. If the judge does not make such a direction in the course of his judgment, then the Police can assume that there is no case of perjury to be investigated. However, should relevant evidence come to light, the aggrieved party may return to court to place the fact before a judge and/or appeal. It will then be open to that judge to give the aforementioned direction if appropriate.

Your Sincerely

David Mortimer

----- Original Message -----
From: david@mortimers-removals.co.uk
To: southeastkilo@hmcts.gsi.gov.uk
Sent: Wednesday, January 30, 2013 4:06 PM
Subject: Please accept this as a official request for information under the freedom of information act.

Dear Sir or Madam,

Please accept this as a official request for information under the freedom of information act.

Please will you kindly tell me how many cases of perjury have been referred by Milton Keynes County Court to the police Milton Keynes in each of the last 5 calendar years' given the Lord Chief Justices ruling in 2001 which said:- If a judge considers that the Police should pursue an investigation in respect of the commission of perjury by a witness or a party at a trail, the judge must make this clear in his judgment and make the necessary order so as to require the court to send the papers in the case to the Police or the appropriate authorities. If the judge does not make such a direction in the course of his judgment, then the Police can assume that there is no case of perjury to be investigated. However, should relevant evidence come to light, the aggrieved party may return to court to place the fact before a judge and/or appeal. It will then be open to that judge to give the aforementioned direction if appropriate.

Your Sincerely

David Mortimer

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