Requester the owner - 260805002 - FOIA - response.pdf

Service withdrew the charge arising from the allegation of 29 April 1988 as 
being “out of time.” I write under the Freedom of Information Act 2000 to 
request recorded information relating to criminal proceedings involving 
[...information noted but removed...] arising from events connected with the 
eviction and demolition [...information noted but removed...] during 1988–1989.  
I am seeking administrative and recorded information concerning the handling 
of these proceedings, rather than personal data contained within individual 
case files.  
Specifically, I request copies of, or access to, any recorded information held 
concerning:  
[redacted]

 
 
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1. The prosecution in which a charge dating from 29 April 1988 alleging 
threatening words or behaviour was withdrawn because the proceedings 
were considered "out of time."  
2. Any records identifying:  
• the court in which that decision was made;  
• the date of the hearing;  
• the prosecutor involved (reported contemporaneously as [...information 
noted but removed...]);  
• the legal basis upon which the summons was determined to be out of 
time.  
3. Records relating to [...information noted but removed...] appearances 
before the courts during January–March 1989, including any surviving:  
• cause lists;  
• court registers;  
• hearing lists;  
• minute books;  
• court log books;  
• bench records;  
• administrative case records;  
• listing records;  
• prosecution correspondence;  
• disposal records; or similar recorded information.  
4. Records concerning the proceedings heard in Cardiff on or about 23 March 
1989, including recorded information showing:  
• the charges before the court;  
• which charges were proceeded with;  
• which charges were withdrawn or discontinued; o the sentence 
imposed;  
• any recorded fine;  
• any credit given for time already spent in custody.  
5. Records concerning charges arising from the November 1988 eviction of 
[...information noted but removed...], including allegations of assault and 
wanton and furious driving.  
6. Any recorded information concerning:  
• remand or custody records;  
• warrants;  
• bail conditions;  
• injunction-related court administration;  
• any order restricting [...information noted but removed...] 
7. Any retention, destruction or disposal records relating to the above court 
files, including:  
• destruction schedules;  

 
 
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• retention schedules;  
• disposal certificates;  
• archive transfer records;  
• accession records;  
• file movement records;  
• records identifying when and under what authority any files were 
destroyed or transferred.  
8. Any file references, case numbers, register entries or archive references 
relating to these proceedings, even where the substantive files no longer 
survive.  
If any of the requested information has been transferred to another body, such 
as the relevant archive service or another part of HM Courts & Tribunals 
Service or the Ministry of Justice, please identify the receiving body and any 
known reference numbers.  
If any information is withheld, please specify the exemption relied upon, 
explain why it applies, and disclose all reasonably segregable information.  
If some parts of this request are more readily available than others, I would be 
grateful if those could be disclosed without waiting for the remainder..." 
 
Your request has been handled under the FOIA. 
 
I can confirm the MOJ does not hold any information in the scope of your request. 
This is because the information you have requested, if held, cannot be obtained from 
the administrative systems held for the public authority purposes of HMCTS and 
MoJ.  
 
If the cases took place, any records that still exist may be limited - because of their 
age - and would be held by Glamorgan Archives.  Such information is not held by the 
MoJ, and so not subject to the FOIA.  
 
The FOIA does not oblige a public authority to create information to answer a 
request if the requested information is not held. The duty is to only provide the 
recorded information held.  
 
To advise and assist you, information about how to contact Glamorgan Archives can 
be obtained from the link below: 
https://glamarchives.gov.uk/   
 
 
Appeal Rights  
If you are not satisfied with this response, you have the right to request an internal 
review by responding in writing to one of the addresses below within 40 working 
days of the date of this response.  
 
[email redacted] 
 
Disclosure & Library Team, Ministry of Justice, Postal Point 5.22, 102 Petty France, 
[address redacted]

 
 
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You do have the right to ask the Information Commissioner’s Office (ICO) to 
investigate any aspect of your complaint. However, please note that the ICO is likely 
to expect internal complaints procedures to have been exhausted before beginning 
their investigation. 
 
 
 
Yours sincerely  
 
 
Operational Support - Knowledge and Information Liaison Officer  
National Support Unit | HM Courts &Tribunals Service 
 
Cymorth Gweithredol - Swyddog Cyswllt Gwybodaeth  
Uned Gymorth Genedlaethol | Gwasanaeth Llysoedd a Thribiwnlysoedd EF