Jon Venables

I would like to make a freedom of information request regarding Jon Venables who was convicted for the murder of James Bulger.

I would like to know how many hours he was held for and questioned by police officers or probation officers following his arrest for assault in 2008 and arrest for possession of cocaine in December 2008.

In accordance with section 1(1) (a) of the Act our response is provided below;

I have now considered your request and I am not obliged to supply the information.

Section 17 of the Freedom of Information Act 2000 requires the Cheshire Constabulary, when refusing to provide such information (because the information is exempt) to provide you with a notice which a) states that fact, b) specifies the exemption in question and c) states (if that would not otherwise be apparent) why the exemption applies.

The information is exempt by virtue of:

Section 40 (2) Personal Data

Section 44 (1) (c) Prohibition on Disclosure

Section 40(2) any information to which a request for information relates is also exempt information if

(a) it constitutes personal data which does not fall within subsection (1), and

(b) either the first or the second condition below is satisfied

(3) The first condition is:-

(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene:-

(i) any of the data protection principles,

In this case disclosure would breach principles 1 & 2 and would be unlawful. This is an absolute exemption.

Section 44 (1) (c) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it would constitute punishment as contempt of court.

In this case an injunction issued in the High Court of Justice Queens Bench Division on 4th December 2001 and amended by order of 21 June 2010 prohibits the disclosure of any information likely to lead to to the identification or the whereabouts of the subject of your request. The order also prohibits the soliciting of any information likely to lead to the identification of the subject.