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S17 Notice under the Freedom of Information Act 2000

WITHOLDING INFORMATION

Section 30 Investigations and Proceedings Conducted by Public Authorities

Information held relating to criminal proceedings which the authority has a power to conduct as a prosecuting authority. This is a qualified exemption which means that the decision to disclose the requested material is subject to a public interest test. In your request you asked for a report by Guy Shorrock.

The CPS acknowledges that there is a public interest in demonstrating the transparency of the decision making process in relation to prosecutions. We also appreciate the importance of increasing public understanding of our decision making process, and allowing the public to assess the CPS's decision making in cases.

However, we believe the public interest in not disclosing the information you have requested under the Freedom of Information Act is far greater. The CPS holds information relation to an on going case against you, releasing information into the public domain before your trial could jeopardise your right to a fair trial under Article 6 of ECHR.

As the White Paper on Open Government explained:

“There should be no commitment to disclose information which would help potential lawbreakers and criminals put life, safety or the environment in danger. Investigations of suspected crime must normally be kept secret from the suspect and others. Witness statements, names and addresses of witnesses and reports from the police and others to prosecutors could, if disclosed other than as required by the courts, jeopardise law enforcement or the prevention or prosecution of crime, or be extremely unfair to a temporary suspect against whom (in the event) no real evidence existed. It is in the interests of both the individuals concerned and the integrity of the prosecution process that material relating to both live and completed prosecutions and to prosecutions which do not go ahead can be kept confidential”.

Section 40(1) Personal Data Relating to Requestor

This is an absolute exemption and does not require a public interest test. Information is exempt from disclosure under the Act if it constitutes personal data of which the applicant is the data subject.

Section 40(2) Personal Data Relating To Third Parties

This is an absolute exemption and therefore does not require a public interest test. To release the requested information would breach the first data protection principle, therefore the condition under section 40(3) (a) is satisfied. The first principles states that personal data shall be processed fairly and lawfully and not unless certain specified conditions are met.