Our ref: IR/16/09

30 June 2009

Dear Mr Fallon

FREEDOM OF INFORMATION ACT 2000 REQUEST

I am writing in response to your request dated 1 June 2009 that an internal review is conducted in relation to your recent Freedom of Information request reference number 1716.

On the 6 April 2009 you wrote to the FOI Unit asking for the following information:

- I would like to see a copy of any parts of the C.P.S guidelines which advises when trials should be held in public or in secret, especially in regard to the public interest aspect.

- I would like to see an extract of any guidelines which advises when called witnesses can be told not to attend.

We responded on 24 April 2009 with links to the following guidance on our website: Applications to Hold a Crown Court Hearing in camera; Admitting Evidence under Sections 9 And 10 Criminal Justice Act 1967; Warning Witnesses. You stated in your email of 1 June that `the information provided to my FOI is unsatisfactory as it is too general and does not cover the specifics of my request.' I believe the guidance we provided links to does answer your request; you specifically asked for guidelines in your email of 6 April and we hold no other relevant information.

In your email of 1 June you went on to ask two questions:

- How is it acceptable to exclude the public from knowing the details and result of a trial for any motoring accident which possibly relate to a charge of dangerous driving, which is of public interest?

- How can non-attendance of requested witnesses be allowed when it has been confirmed as a REQUIREMENT of the DEFENCE case?

The Freedom of Information Act (FOIA) gives people the right to request information held by public authorities. The FOIA only applies to recorded information; it does not require a public authority to create information. I believe that the questions above are asking for explanation not for recorded information. It is also unclear whether or not you are asking for legal advice - something we are unable to give. You should speak to your own solicitor for legal advice. For these reasons they are not requests that fall under FOIA. If there is specific recorded information you are interested in please let me know and I will consider it under FOIA.

If you have a complaint about the way any prosecution in which you were involved was handled you should follow the CPS complaints procedure. Details of this procedure are on the following page of our website: http://www.cps.gov.uk/publications/communications/complaints.html

I am afraid I am unable to help you any further with your request. I appreciate that you may find this disappointing.

If you are not content with the outcome of this internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Yours sincerely

Paul Willman

Information Management Unit

Business Information Systems Directorate

50 Ludgate Hill

London

EC4M 7EX

T. 020 796 8000

F. 0207 796 8439

FOIUnit@cps.gsi.gov.uk

www.cps.gov.uk