Prosecution versus Appeal

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    Garry Payne

    Ive got a case where i have forwarded Interviews under caution, solicitors documents confirming fabiacction of tenancy , interview under caution l/l
    which I have omiitted from appellants submission but not from tribunals submission due to an ongoing investigation as to not jeopardise this. No decision made yet as to whether to prosecute or not as some of this info has yet to be put to the clt ie solicitors docs IUC from L/L

    The Tribunal serivce have stated I cannot withold evidence from the clt and have given me an opportunity to defer listing pending criminal proceedings which is fine.

    I feel possibly that investigation case should have been fully concluded before it got to this however we had enough infor to make a decision.

    I believe we can withold from clt under Data Protection Act discolsure of Info.

    However If case went to Prosecution court would ask has clt appealed and if so is there a recoverable overpayment which would be adjourned until appeal case resolved.

    I dont think we can hold appeal listing indefinetely.

    Would it be appropriate to hold until decision re whether Authoirty would prosecute or not ???

    Is there any fraud legislation I could use if case went ahead to tribunal to stop info from being released.

    I dont feel Tribunal should be hold pending Prosecution and likewise the other way around.


    Here’s a recent discussion on this subject:


    As far as Data Protection is concerned, I think that certain information related to crime prevention is excluded from the subject access procedure – see s29 of the Data Protection Act 1998. But compiling an appeal submission is not done in response to a subject access application under the Data Protection Act.

    I don’t know a great deal about criminal law, but my instinct tells me that the people in the earlier thread were right to say that the LA should not keep information up its sleeve to catch out the defendant in court (“Perhaps this will refresh your memory …”) and anything you are going to rely on in a prosecution case will have to be disclosed anyway – so there is no harm putting it in a Tribunal submission.


    I have an (ongoing) case where clt is being prosecuted and has also appealed against the decision. He refused to attend the tribunal on the grounds that it would prejudice his defence in the criminal case if he had to argue his case in a civil forum. The appeal went ahead anyway and our decision was upheld. He appealed to the Commissioner on this issue and lost that and is now seeking leave from the Court of Appeal. At the appeal hearing we provided full transcripts of our IUCs and supporting evidence. He has to have this served on him prior to trial in any case so there is no problem there. In my view the evidence you seek to withold has been used in reaching your decision so has to form part of the appeal papers. I can’t see how you are prejudicing your investigation by doing this. When claimants are IUCd you have to disclose to them before hand what you will be questioning them about so you might as well disclose it now.

    Kevin D

    Take a close look at [b:8f0384907e]CH/1220/2005[/b:8f0384907e].


    Yes, that’s my case!

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