From JLM Quinn to Stephen Holmes

Page 1

Telephone:

(01624) 685452

ATTORNEY GENERAL'S CHAMBERS

Fax:

(01624) 629162

3RD FLOOR, ST MARY'S COURT HILL STREET, DOUGLAS ISLE OF MAN

Your ref: Our ref:

IM1 1EU

JLMQ/JR/AGCH.57 Please quote reference on all correspondence

Date: 29 April 2014 Mr G S Holmes c/o 12 DOUGLAS IM1

Not

Post-mark: 29 April 2014

Received: Wed. 30 April 2014

Dear Mr Holmes, I refer to your email to me and others sent on 23 April 2014 concerning Section 80 of the Children and Young Persons Act 2001. In the event that you have any evidence in relation to the commission of a criminal offence, please take the opportunity to refer the same to the Police. A complaint of criminal conduct is made to them, not the Prosecuting Authority. The Police investigate any complaint of criminal conduct and seek advice, if advice is needed, from Chambers qua Prosecuting Authority prior to any charge if any. If after concluding their investigation the Police submit a file to Chambers, any prosecution brought in the name of the Attorney General is dependent upon the satisfaction of an established two-stage test, namely (1) whether there is a sufficiency of evidence such that there is a good chance of conviction at trial and (2) whether there is a public interest in legal proceedings being brought. The fact that any prosecution under section 80(6) requires that proceedings in relation to a potential offence under section 80 “…shall not be instituted otherwise than by or with the consent of the Attorney General…” should not be taken to mean that the ordinary criminal processes do not apply. In relation to section 80, you may wish to consider the contents of what appears to be your own website issuu.com/gsholmes, published as it appears to be in or from the Isle of Man (in particular for such time as you are resident here) which is obviously available in the jurisdiction. The website contains various attachments with numerous direct or indirect references to the identity of your children, both of whom are minors, at least until mid May 2014 when your eldest turns eighteen. Yours sincerely

J L M Quinn Acting Attorney General Actually signed by Keiron Murray, Government Advocate.


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