This is an HTML version of an attachment to the Freedom of Information request 'unused material'.

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Mr J Dodsworth

[email address]

15 July 2009

Our ref: 1805/IVR/KE

Dear Mr Dodsworth

Re: Freedom of Information Act 2000

Request (Internal Appeal)

My colleague Jackie Ronchetti notified you on 3 July that she was referring your request e-mailed to the Crown Prosecution Service on 25 June 2009 as an `internal appeal'. I have conducted that internal appeal as I have had no involvement in the original decision. Having given the matter due consideration and after making some further enquiries of the Crown Prosecution Service in Northumbria, I have concluded that the original decision in respect of your request, communicated to you on 25 June, was correct.

In that letter a full explanation was provided as to the definition of `unused material' and the disclosure regime established as a result of the Criminal Proceedings and Investigations Act 1996 as amended by the Criminal Justice Act 2003. I concur that the provisions and statutory tests under CPIA were applied both by the police and CPS when considering the evidence in your case.

Finally, can I repeat the information supplied to you in the email from our Information Management Unit of 25 June as to action which you may consider if you remain dissatisfied with the outcome of the internal review ie that you have the right to apply directly to the Information Commissioner.

Yours sincerely

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IAN RUSHTON

CHIEF CROWN PROSECUTOR

CHESHIRE