In a message dated 11/08/04 15:35:22 GMT Daylight Time,
[log in to unmask] writes:
> Investigation into alleged CT fraud - derogatory comments on form have been
> made as to the individual's answers i.e. they are obvious lies. This is an
> ongoing investigation. He has now requested details of all his information,
> I presume we can withhold some of the information as it could be detrimental
> to the outcome of the investigation i.e. you don't tell him what you are
> doing to detect this fraud/crime.
>
----------
You can use s29(1)(a) or 29(1)(c) depending upon your intentions. If you
intend to pursue a prosecution for the fraud, part (a) allows you to withhold any
information that would prejudice the prosecution. You will, of course, have
to reveal it under disclosure rules of the court. Not all the data you have
is likely to prejudice the action so you may have to reveal part of the record,
eg the amount owed, last payment made, etc
Sub-subsection (c) allows you withhold anything likely to prejudice the
assessment or collection of any tax or duty or of any imposition of a similar natu
re. CT has been recognised as an "imposition of a similar nature" and
therefore the exemption applies even where a criminal prosecution is not your
intention. Please remember though the Human Rights Act which will probably force you
to reveal information to the alleged perp at some stage. You can't say, for
example, "you may as well pay up, we have enough evidence" without revealing
it.
The derogatory comment "the answers are obviously lies" could have been
worded as "we have evidence proving that these answers are untruthful" and then
that too could probably have been withheld (I'm assuming that evidence exists).
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
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