From FOIwiki
Jump to navigationJump to search

Decision Summary

  • Case Ref: FS50093195
  • Date: 18 February 2009
  • Public Authority: National Offender Management Service
  • Summary: The complainant sought access to information concerning the issuing of a tariff certificate to a prisoner under the Criminal Justice Act 1991 (‘the CJA’). The tariff appeared to have been set retrospectively in line with that Act. However, the relevant schedule to the CJA was not enacted until a date some months after the certificate was signed which the complainant was therefore seeking to validate. He also sought the name of the signatory who the public authority claimed had been given power to sign the certificate under the auspices of the Carltona principle which the complainant asserted was not legally possible. Following the death of the prisoner, which happened during the course of this investigation, a redacted copy of the certificate was supplied to the complainant by the public authority. The Commissioner has decided that the public authority breached section 17(1) (c) in its first refusal notice and 17(1)(a), (b) and (c) in its subsequent two refusals. It breached 17(3) and 17(1)(b) in its internal review. The Commissioner has also decided that section 40(2) was inappropriately cited and that the public authority should have applied section 40(5)(b)(i) to the requested information. The complaint is not upheld. Information Tribunal appeal number EA/2009/0020 dismissed.
  • View PDF of Decision Notice: [1]