Evidence of Adult Sex Doll Obscenity Exemption

Response to this request is long overdue. By law, under all circumstances, Crown Prosecution Service should have responded by now (details). You can complain by requesting an internal review.

Dear Crown Prosecution Service,

Re: https://www.cps.gov.uk/legal-guidance/se...

In that 2019 guidance, you state: "In Conegate Ltd. v H.M. Customs and Excise [1987] 2 W.L.R. 39 a concession was made that adult sex dolls were not obscene articles."

Had this been the case, the ECJ would not have been involved in the Conegate debacle.

In Conegate Ltd. v H.M. Customs and Excise [1987] 2 W.L.R., decision paragraph 2, the UK contend "these goods to be 'indecent or obscene' articles whose importation into the United Kingdom is prohibited under section 42 of the Customs Consolidation Act 1876."

This is clearly not a concession by the UK that adult sex dolls are "not obscene" as now creatively suggested by the CPS.

Please supply evidence of the concession that adult sex dolls are no longer considered obscene by the UK Govt.

Yours faithfully,

Mr Walters

Information Access Team, Crown Prosecution Service

 

Dear Mr Walters,

 

Freedom of Information Act 2000 Request ref 9837

 

Thank you for your Freedom of Information (FOI) request which we received
on 17 May 2021.

 

The FOI Act is a public disclosure regime, not a private regime. This
means that any information disclosed under the FOI Act by definition
becomes available to the wider public.

 

There is a 20 working day limit in which we are required to respond to
requests.

 

The deadline for your request is 15 June 2021.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

 

 

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Information Access Team, Crown Prosecution Service

1 Attachment

Dear Mr Walters,

 

Freedom of Information Act 2000 Request - ref 9837

 

Please see the attached response to your Freedom of Information request.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division (SIAD)

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

 

 

 

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Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
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1. mailto:[CPS request email]

Dear Crown Prosecution Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Crown Prosecution Service's handling of my FOI request 'Evidence of Adult Sex Doll Obscenity Exemption'.

You state that "A public authority does not have to create new information or find the answer to a question from staff who may happen to know it."

I have not asked you to 'create' information. I have asked you to provide the existing information you already have which obviously provides for your assertion that "adult sex dolls were not obscene articles."

If you do not have this information, then your guidance appears fundamentally flawed and/or seemingly based on lies rather than actual tangible information, hence the reason for this request.

Kindly supply the information you have used to assert "adult sex dolls were not obscene articles."

I repeat, am not asking you to create information, particularly 34+ years after the Conegate 1987 precedent.

I am sure the concession you allege will be in recorded form somewhere.

If you are unable to supply the information to support your claim, kindly assist by directing me to the resource(s) that you have used, or perhaps update the legal guidance at https://www.cps.gov.uk/legal-guidance/se... and remove the unsustainable claims.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/e...

Yours faithfully,

Tim Walters

Information Access Team, Crown Prosecution Service

Dear Mr Walters,

 

Thank you for your email of 22 June in which you request for an internal
review of our response to your FOI request reference 9837.

 

Your request has been allocated the reference IR.9837.21. The internal
review will be assigned to a Crown Prosecution Service official who was
not involved with the original decision.

 

The due date for this response is 19 July 2021.

 

We expect to complete internal reviews within 20 working days, although
more complex cases may take longer. We will however endeavour to respond
to you promptly.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

 

 

 

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If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
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Dear Information Access Team,

I am still awaiting receipt of the information the CPS has used to assert that adult sex dolls are not obscene.

I have provided existing information that they are considered obscene. Kindly be so gracious as to counter my evidence by providing your information to the contrary.

Yours sincerely,

Tim Walters

Information Access Team, Crown Prosecution Service

Ref: IR.9786.21

Dear Mr Walters,

I am conducting the internal review of your FOI request and can confirm that I had no involvement in the original decision.

Further to our email acknowledgement of 25 June, I am writing to advise that I will need more time to properly consider your request and will not be in a position to respond to you by the deadline date of 19 July. I therefore require a further 20 working day extension and aim to respond to you by no later than Thursday 12 August 2021.

I apologise for this delay and will be in touch again shortly.

Kind regards

C MacIvor- On Behalf of the Information Access Team (IAT)

show quoted sections

Information Access Team, Crown Prosecution Service

Ref: IR.9837.21

                                                           

Dear Mr Walters,

 

Further to my previous email of 15 July 2021, I am writing to advise that
I have identified material that is within the scope of your FOI request. I
am currently reviewing this material and will be in a position to respond
to you by 31 August.

 

Once again, I apologise for this delay and will be in touch again shortly.

 

Kind regards

 

 

C MacIvor - On behalf of the Information Access Team

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

 

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This e-mail is private and is intended only for the addressee and any copy recipients. Its unauthorised use, disclosure, storage or copying is not permitted.
If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
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References

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1. mailto:[CPS request email]

Information Access Team, Crown Prosecution Service

Ref: IR.9837.21

Dear Mr Walters,

Further to my previous email below, I am writing to update you on my
review of the material that was identified as being within the scope of
your FOI request. I am in the final stages of reviewing this material and
will be in a position to respond to you by week commencing 14 September.

Kind regards

C MacIvor-On behalf of the Information Access Team

 

From: Information Access Team
Sent: 10 August 2021 11:55
To: 'Tim Walters' <[FOI #755569 email]>
Subject: Internal Review of FoI Request response ref 9837

 

Ref: IR.9837.21

                                                           

Dear Mr Walters,

 

Further to my previous email of 15 July 2021, I am writing to advise that
I have identified material that is within the scope of your FOI request. I
am currently reviewing this material and will be in a position to respond
to you by 31 August.

 

Once again, I apologise for this delay and will be in touch again shortly.

 

Kind regards

 

 

C MacIvor - On behalf of the Information Access Team

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

 

*********************************************************************+
This e-mail is private and is intended only for the addressee and any copy recipients. Its unauthorised use, disclosure, storage or copying is not permitted.
If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
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References

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Dear Information Access Team,

I presume you mean week commencing 13th September 2021. Please confirm.

Yours sincerely,

Tim Walters

Information Access Team, Crown Prosecution Service

Apologies -that is correct.

show quoted sections

Information Access Team, Crown Prosecution Service

Ref: IR.9837.21

 

Dear Mr Walters,

 

Further to our previous correspondence, I am writing to inform you that we
endeavour to be in a position to respond to your Internal Review request
during week commencing 27 September.  Once again,  please accept our
apologies for the delay in issuing our response to you.

 

Many thanks

 

Yours sincerely

 

Crown Prosecution Service

Information Access Team

020 3357 0788

[1][CPS request email]

 

 

From: Information Access Team
Sent: 31 August 2021 13:28
To: 'Tim Walters' <[FOI #755569 email]>
Subject: FW: Internal Review of FoI Request response ref 9837

 

Ref: IR.9837.21

Dear Mr Walters,

Further to my previous email below, I am writing to update you on my
review of the material that was identified as being within the scope of
your FOI request. I am in the final stages of reviewing this material and
will be in a position to respond to you by week commencing 14 September.

Kind regards

C MacIvor-On behalf of the Information Access Team

 

From: Information Access Team
Sent: 10 August 2021 11:55
To: 'Tim Walters' <[2][FOI #755569 email]>
Subject: Internal Review of FoI Request response ref 9837

 

Ref: IR.9837.21

                                                           

Dear Mr Walters,

 

Further to my previous email of 15 July 2021, I am writing to advise that
I have identified material that is within the scope of your FOI request. I
am currently reviewing this material and will be in a position to respond
to you by 31 August.

 

Once again, I apologise for this delay and will be in touch again shortly.

 

Kind regards

 

 

C MacIvor - On behalf of the Information Access Team

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[3][CPS request email]

 

 

 

*********************************************************************+
This e-mail is private and is intended only for the addressee and any copy recipients. Its unauthorised use, disclosure, storage or copying is not permitted.
If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
*********************************************************************

References

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1. mailto:[CPS request email]
2. mailto:[FOI #755569 email]
3. mailto:[CPS request email]

Information Access Team, Crown Prosecution Service

1 Attachment

Dear Mr Walters,

 

Please find attached response to your internal review request.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

*********************************************************************+
This e-mail is private and is intended only for the addressee and any copy recipients. Its unauthorised use, disclosure, storage or copying is not permitted.
If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
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References

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1. mailto:[CPS request email]

Information Access Team, Crown Prosecution Service

1 Attachment

Dear Mr Walters,

 

Please accept our apologies. I have now attached a copy of the section 17
refusual notice.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[1][CPS request email]

 

From: Information Access Team
Sent: 01 October 2021 10:11
To: [FOI #755569 email]
Subject: CPS Request for Internal Review of FoI request response ref
IR.9837.21

 

Dear Mr Walters,

 

Please find attached response to your internal review request.

 

Yours sincerely

 

Crown Prosecution Service

Security and Information Assurance Division

Information Access Team

020 3357 0788

[2][CPS request email]

 

*********************************************************************+
This e-mail is private and is intended only for the addressee and any copy recipients. Its unauthorised use, disclosure, storage or copying is not permitted.
If you are not an intended recipient, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy.

Activity and use of departmental systems and the Criminal Justice Extranet is monitored to secure their effective operation and for other lawful business purposes. Communications using these systems will also be monitored and may be recorded to secure effective operation and for other lawful business purposes.
*********************************************************************

References

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1. mailto:[CPS request email]
2. mailto:[CPS request email]

Dear Crown Prosecution Service,

If case law exists that is in the public domain, kindly refer me to that resource.

Many of your concerns regarding disclosure can be mitigated by providing the information with any personal information redacted, thereby permitting the CPS continued free and frank discussions without compromising or identifying any individual, whether staff or accused.

You indicate that section 42 applies to SOME material. This partial material may be excluded or redacted as necessary at your discretion, providing that the assertion of adult sex dolls being considered appropriate for import can be demonstrated with the remaining information held.

Therefore, kindly supply the information you can without attempting to blanket ban this legitimate request.

Yours faithfully,

Tim Walters

Dear Information Access Team,

Kindly acknowledge receipt of this follow up request and make efforts to deal with it appropriately.

Yours sincerely,

Tim Walters

Tim Walters left an annotation ()

Response from the ICO.

16 October 2021
Case Reference: IC-133010-F9L0
"Freedom of Information Act 2000 (FOIA)
Your ref: IR.9837.21
Your information request to Crown Prosecution Service

Thank you for your correspondence of 4 October 2021 in which you made a complaint and for providing supporting information about the above public authority’s handling of your request for information.

Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.

Dear Information Access Team,

I am still waiting for the information with redactions and a confirmation of receipt for my previous communication.

Yours sincerely,

Tim Walters