Oysterman
Sheriff and Justice of the Peace Court
Sheriff Court House
Castlegate
JEDBURGH
TD8 6AR
DX 581222
Our Ref: MLK
Your Ref:
24 October 2018
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Dear Sirs
Freedom of Information (Scotland) Act 2002
Thank you for your request for information received on 9 March 2013 which I have set out below with reply.
A). How many civil actions have been raised within the jurisdiction of Jedburgh Sherriff Court in pursuant to HM Equality Act of 2010 between the years 2010 - 2012 ?
Answer: We do not specifically record the information you have requested on our Civil Case Management System. I should mention that the Scottish Court Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes. However I can tell you that during the requested period 2,216 civil applications were registered at Jedburgh Sheriff Court. Of that number, 247 can be identified as “Ordinary” Civil actions and 664 as “Miscellaneous” actions. In order to establish whether or not they were raised under the 2010 Act, wewould have to carry out an examination of the case papers for each of the actions lodged to find the information you are asking for under this request.The cost of manually locating, retrieving and producing the information sought would exceed the sum prescribed by Scottish Ministers in the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 (currently £600) and accordingly in terms of Section 12 of the above Act, this part of your request is refused.
B). How many criminal cases have been prosecuted within the jurisdiction of Jedburgh Sheriff Court under HM Human Rights Act of 1998 or HM Equality Act of 2010 between the years 2010 - 2012 ?
Answer: Our Management Information Team have confirmed that no cases have been recorded on our Criminal Case Management System for the period specified under the Equality Act 2010 (for information, listed below are offences in terms of that Act*). The Crown Office and Procurator Fiscal Service have indicated that Section 7(8) of the Human Rights Act 1998 provides that nothing in the act creates a criminal offence – accordingly no such criminal cases will have been raised in Jedburgh Sheriff Court for the period specified.
C). How many civil or criminal cases between the years 2010 – 2012 have been brought to the court in A+B but later dropped before being heard?
Answer: We are unable to give any information in relation to this question on the basis of our reply to questions A and B.
D). How many complaints have been made against officers at Jedburgh Sheriff Court or against the court itself under HM Human Rights Act 1998 and/or HM Equality Act 2010 between the years 2010 – 2012.
Answer: We are unaware of any specific complaints made formally or informally – through our complaints procedure - against specific staff members at Jedburgh Sheriff Court under the legislation you have specified.
*Offences under the Equality Act 2010
S110(4) – A person (B) commits an offence if they knowingly or recklessly make a statement to a person (A) that a thing being done does not contravene the Act.
S112(1) – An offence for a person (A) to knowingly help another (B) to do anything which contravenes Parts 3,4,5,6,7, s108(1), (2) or s111 of the Act.
(2) It is not an offence if A relies on a statement by B that the act for which the help is given does not contravene the Act.
(3) However B commits an offence if they knowingly or recklessly make a statement to A that is false or misleading in a material aspect.
S160(4) – It is an offence for the driver of a regulated taxi to fail to comply with taxi accessibility regulations.
S165(7) – It is an offence for a driver of a designated taxi or private hire vehicle to fail to comply with duties to passengers in wheelchairs set out in s165.
S168(3) – It is an offence for a taxi driver to refuse to carry and to make an additional charge for an assistance dog
S170(3) – It is an offence for the driver of a private hire vehicle to refuse to carry out a booking accepted by the operator if the reason for the refusal is that the person is accompanied by an assistance dog.
S175(1)(a) – It is an offence to (a) contravene a provision of public service vehicle accessibility regulations.
(b) to use a public service vehicle on a road when it does not conform with a provision of the regulations
(c) to cause or permit such a public service vehicle to be used on the road.
S176(3) – Offence committed by the operator of a public service vehicle if the vehicle is used without previously being issued with an accessibility certificate by a vehicle examiner who is satisfied that the vehicle complies with the regulations.
S188(2) – An offence is committed if a person, with intent to deceive, forges, alters, lends, allows to be used, makes or has possession of a relevant document (such as an exemption certificate, accessibility certificate or approval certificate in respect of the regulations in relation to disabled persons access to transport).
S188(4) – An offence to knowingly make a false statement for the purpose of obtaining an accessibility or approval certificate.
I hope you find this information of assistance to you. However should you feel dissatisfied with this decision or the manner in which your request has been handled, the Act provides for a review process to be conducted. Should you wish to take advantage of this process you may apply in writing for a review. Your request should provide details of why you wish a review to be carried out and should be made within 40 working days of receipt of this letter to:-
David Shand
Sheriffdom Business Manager
Edinburgh Sheriff Court
27 Chambers Street
Edinburgh
EH1 1LB
Following that review should you still feel dissatisfied, you have the right to lodge a complaint with the Scottish Information Commissioner at the following address:-
Office of the Scottish Information Commissioner
KinburnCastle
Doubledykes Road
St. Andrews
FIFE
KY16 9DS
Yours sincerely
Mark L Kubeczka
Sheriff Clerk
TheScottish Court Service is responsible for the administration of Scottish courts and the Office of the Public Guardian.