Sent: 27 March 2008 16:20:41
To: info@sccrc.org.uk
For Attention Of Mr Chris Reddick FOI Officer
With ref to recent Telephone call today i have been informed that my FOI request has not been received at your office which i sent by E-Mail on 16/03/2008 to FOI@SCCRC.Org.UK.
For the avoidance of doubt please find copy pasted a copy of said request:
FOI Request
from: William Beck
Sent: 16 March 2008 22:50:28
To: foi@sccrc.org.uk; enquiries@itspublicknowledge.info
FAO Mr Chris Reddick FOI Officer
Dear Mr Reddick
Can you please provide me with the following imformation.
1. Details of what is the most ever complaints levelled against any "one Solicitor" in a Defective Representation Ground.
2. Details of what is the most ever complaints levelled against any "one Counsel" in a Defective Representation Ground.
Yours Faithfully
William Beck
SCCRC Reply:
Reply from SCCRC saying it is not in the public interset to release such data and it was an offence to do so, led to me sending the following:
Sent: 21 April 2008 23:43:35
To: info@sccrc.org.uk
Dear Sirs
With ref to above letter dated 17th April 2008 ref No MW, and with all due respect.
Not only am I an Appellant but as a member of the public i consider myself a stakeholder of SCCRC and entitled to ask the questions tabled.
Setting aside the above and taking account of your views i consider that:
1. The information i asked for would not identify anyone in particular.
2. The material i am asking for should not be covered by case related information but merely statistics.
3. The material sought should be available on request to any stakeholder.
4. The material sought is of such importance to the public for instance, to show there does not exist a culture to protect Lawyers and QCs within SCCRC.
5. The material sought is to allay public fears that lawyers and QCs do not get preferential treatment when the subject of such appeals.
6. To allay public fears that when more than one appeal is received against one Lawyer or QC then it is investigated with the utmost importance.
7. Your assertion that this would be unduly burdensome on the commission is flawed when taken in conjunction with some material already published by the commission on their web, for example:
"Statistics published in 2006-2007 annual report" at pages 7and 8 you publish data and details of how many cases are referred and for what reasons etc etc yet you are trying to tell me you do not know how many cases are received against any particular Lawyer or QC.
Is it not true Mr Hanlon that Solcase handles all data or Lexis Nexis and that in a matter of seconds the evidence would be available to you at the touch of a button ? Therefore making your allegation of my request being unduly burdensome seem trivial.
It seems that Lexis Nexis etc can identify quite easily exactly which Lawyers are submitting the most applications and they are invited to tea or dinner so why not how many applications have been received against a particular Lawyer or QC
It is not as if i am asking you for any details about named Lawyers or QCs like Keegan or Taylor.
I am only asking what is the largest amount of complaints levelled against any one Lawyer or QC.
I thank you sincerely for the info in regards to Criminal behaviour ref to section 194 J
You have raised a matter of great concern in that the commission have already released documents to me which you are now suggesting may have been criminal.
Namely:
The minutes of my trial.
The commission also released documents to me of another case namely:
"John Iain King"
which the commission referred to appeal against sentence.
So are you saying it depends on who is asked for the material whether it is released or not ?
Is it ok for some members to release documents but not others ?
Have the commission acted criminally before by releasing such documents ?
To whom would i make such complaints of a criminal nature against the commission for releasing documents in a criminal way ?
I await your reply with great anticipation
Yours Sincerely
William Beck
For which their time to respond has expired, Take it then they have no intention of replying eh ?
Their reply will be available soon on flickr
Good job my MSP is to ask Justice Secretary then if SCCRC have committed an offence by releasing Jurors Names and Addresses.
Can SCCRC choose who to reply to and who to ignore ? Seems they can.
Recently Asked Question By MSP:
Justice
S3W-12508 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive whether it considers it to be in the public interest to disclose the names of solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.
Answered by Kenny MacAskill (Friday, May 09, 2008): Solicitors are not referred to the SCCRC. Once an application has been reviewed by the SCCRC it can be referred to the High Court.
When the court considers a case, the details of that case (including the names of any solicitors or other legal representatives involved) will be contained in any published opinion and will be a matter of public record.
Section 194J of the Criminal Procedure (Scotland) Act 1995 makes it an offence for any member or employee of the SCCRC to disclose information obtained by the SCCRC in the exercise of any of its functions. The possibility of information provided by applicants, witnesses and/or victims subsequently being disclosed, other than in court, could undermine public confidence in the criminal justice system, including the work of the SCCRC. Witnesses and/or people under investigation should not be inhibited or deterred from co-operating in investigations by the possibility that information provided may be disclosed or that their identity is revealed to the public, outwith the protection of the court. Accordingly, such information is not normally made available.
Quite Clearly According to Mr MacAskill SCCRC have no right to release Jurors Names And Addresses in the "Minutes of my Trial"
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