Dear Sir or Madam,

I require full documentation regarding the operational decision to consider the use of the word 'cult' in a demonstration unlawful, the demonstration took place outside the Church of Scientology Central London Headquarters.

Please provide copies of advise sought from and received from the Crown Prosecution Service and any internal documentation discussing such a decision.

Yours faithfully,

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Dear Sir or Madam,

Is it possible to have a name please so that we know who to address a response to and who to contact in case we need clarification or to discuss the request.

Thank you for your help,

Yours Sincerely

Laura Goddard
Information Access Officer
Information Management Services
Ext: 0207 601 2272
Fax: 0207 601 2088

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Dear Dave

REQUEST FOR INFORMATION REF: COL/08/193

I write in connection with your request for information dated 21st May 2008, which was received by the Information Access Office on 21st May 2008. I note that you seek access to the following information:

I require full documentation regarding the operational decision to consider the use of the word 'cult' in a demonstration unlawful, the demonstration took place outside the Church of Scientology Central London Headquarters.

Please provide copies of advise sought from and received from the Crown Prosecution Service and any internal documentation discussing such a decision.

Your request will be considered in accordance with the provisions of the Freedom of Information Act 2000. You will receive a response within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt or containing a reference to a third party. In some circumstances we may be unable to achieve this deadline. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

We normally provide information free of charge but there may be occasions when it would be appropriate to charge a fee where our costs are excessive. In such cases we will advice you prior to processing your request.

In some cases it may be necessary to transfer your request either in full or in part to another public authority in order to answer you request as comprehensively as possible. Again, you will be informed if this is the case.

Should you have any further questions regarding your request, please contact me via email, letter or telephone, quoting the reference number above.

Yours Sincerely

Laura Goddard
Information Access Officer
Information Management Services
Ext: 0207 601 2272
Fax: 0207 601 2088

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Dave Whatdotheyknow Reply.pdf
Further Information Letter.pdf

Dear Dave

REQUEST FOR INFORMATION REF: COL/08/193

I write in connection with your request for information dated 21 May 2008 in which you seek access to the following information:

1. Full documentation regarding the operational decision to consider the use of the word 'cult' in a demonstration unlawful. The demonstration took place outside the Church of Scientology Central London Headquarters. Please provide copies of advice sought from and received from the Crown Prosecution Service and any internal documentation discussing such a decision.

I confirm that we hold information provided by the Crown Prosecution Service relating to the use of the word 'cult' in relation to the Church of Scientology and the demonstration to which you refer. This information relates to a specific investigation.

I have today decided that this information is subject to an exemption in accordance with section 30 of the Freedom of Information Act - Investigations.

Information is exempt under section 30 where it has, at any time, been held for the purpose of an investigation. This is a class-based exemption and it is not necessary to demonstrate the potential for harm to occur. It is however a qualified exemption subject to the public interest test and the factors favouring disclosure and non-disclosure are listed below.

I confirm that we also hold information provided by an independent legal advisor relating to the use of the word 'cult' in relation to the Church of Scientology.

I have today decided that this information is subject to an exemption in accordance with section 42 of the Freedom of Information Act - Legal Professional Privilege.

Information is exempt under section 42 in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings. This is a class-based exemption and it is not necessary to demonstrate the potential for harm to occur. It is however a qualified exemption subject to the public interest test and the factors favouring disclosure and non-disclosure are listed below.

The Public Interest Test

Factors Favouring Disclosure

Accountability - when information disclosed relates directly to the efficiency and effectiveness of the force or its officers. The purpose of the Act is to make public authorities more accountable and this factor, therefore, may be applied to a wide range of scenarios, from how an individual or the force fulfils their role or function, to policy decisions that have been taken in relation to investigations or general policy issues. In this instance, disclosure would enable individuals to understand why certain police action was taken at the demonstration.

Public Awareness and Debate - where disclosure can assist individuals by raising awareness of issues, which may be of relevance to them. In this instance, there has been significant public interest regarding the Church of Scientology and disclosure of this information would contribute to a more accurate public debate.

Factors Favouring Non-Disclosure

Investigations. It is rare that details of an investigation will be disclosed as to do so will invariably release personal information, law enforcement techniques and in the case of uncompleted cases, potentially damage the criminal justice process. In this case, although the investigation is now complete, demonstrations continue to take place in the vicinity of the Church of Scientology and disclosure of the legal advice relating to a specific case could adversely impact on future investigations.

Efficient and effective conduct of the service - where the current or future law enforcement role of the force may be compromised by the release of information. In this case, demonstrations continue to take place in the vicinity of the Church of Scientology and disclosure of independent legal advice could adversely impact on the policing of future operations. Additionally, disclosure of legal advice has the potential to damage the relationship between a lawyer and his or her client. Confidentiality promotes respect for the rule of law by encouraging clients to seek legal advice and allowing a full and frank exchange of information. Without confidentiality, clients may fear that anything they say to their lawyers, however sensitive or potentially damaging, may be revealed later and discourage the individuals from seeking advice in the future. The legal advice provided to the City of London Police remains current and may be relied upon in future investigations.

Balancing Test

Whilst accountability is a strong factor, disclosure is likely to adversely impact on future policing operations and the relationship between a legal advisor and his or her client, and the public interest test does not therefore favour disclosure at this time.

Should you have any further questions regarding your request, please contact me via e-mail, letter or telephone, quoting the reference number above.

Yours sincerely

Inspector Dave Lockyear
Information Access Manager

<<Dave Whatdotheyknow Reply.pdf>> <<Further Information Letter.pdf>>

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