Summary: On 8 February 2005 the complainant sent in a request for -˜a list of all reviews and audits of the police prosecution of Colin Stagg for the murder of Rachel Nickell in 1992-™. The Police refused to provide the information citing the exemptions contained within the Act under Section 30 (Investigations and proceedings conducted by public authorities), Section 38 (Health and Safety), Section 40 (Personal Information) and Section 41 (Information provided in Confidence). Following an investigation the Commissioner has decided that the Police dealt with the request correctly as the exemption at section 30 of the Act is engaged and the public interest requires that the information not be disclosed. Accordingly there is no remedial action that the Commissioner requires the Public Authority to take. As the Commissioner decided that section 30 was sufficient to warrant withholding the information while the investigation continues, he did not proceed to a decision on the other exemptions cited by the Police which may have been relevant.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld