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FOI/202300368223 · FOI · partially withheld

Applications submitted for compensation for miscarriages of justice: FOI release

Published
2023-11-02
Received
2023-07-25
Responded
2023-08-22
Directorate
Justice Directorate
Topic
Law and order, Public sector
Exemptions
38(1), 34(1)

Information requested

1. Since 2010, how many applications has the Scottish Justice Directorate received for compensation for miscarriages of justice? 2. Since 2010, how many applications have been successful? 3. Can I please have copies of all previous FoI responses related to compensation and miscarriages of justice -since 2010.

Response

You have asked for information from 2010 but with no end date. We have taken the period you wish information to cover will be from 1 January 2010 to the present date which we have taken to be 17 August 2023. Therefore, we have provided information from 1 January 2010 to 17 August 2023. 1. From 1 January 2010 to 17 August 2023 there have been 56 applications for compensation as a result of a miscarriage of justice. 2. From 1 January 2010 to 17 August 2023 there have been 5 successful applications which have been eligible for compensation as a result of a miscarriage of justice. 3. Attached are copies for all previous FOI responses. While our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal data relating to a third party) of FOISA applies. This exemption applies to the names of third parties referenced throughout the documents that have been requested. These exemptions under Sections 38(1)(b) apply to protect the personal data of a third party, i.e. names and contact details, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. The Scottish Government has a policy of not disclosing the names of officials who are not Senior Civil Servants. This exemption covers 3 documents relating to the Part 3 of your FOI request. About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Detected exemption language

While our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal data relating to a third party) of FOISA applies. This exemption applies to the names of third parties referenced throughout the documents that have been requested. These exemptions under Sections 38(1)(b) apply to protect the personal data of a third party, i.e. names and contact details, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption covers 3 documents relating to the Part 3 of your FOI request.

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