Summary: The complainant requested information about the number of prisoners being held by HM Prison Service, on a specified date, who have been sentenced to life imprisonment or an Indeterminate Sentence for Public Protection (IPP) and who have served their -˜tariff-™. The Ministry of Justice (MoJ) ultimately responded stating that it does not hold the requested information. The Commissioner does not accept that the information is not held. The Commissioner requires the public authority to either comply with section 1(1) of the FOIA (by confirming that the requested information is held and disclosing it) or issuing a refusal notice compliant with section 17. For the sake of completeness, the Commissioner notes that the complainant has specified that figures be broken down into those serving life sentences and those with an IPP. For each of these categories separate figures should be provided for those who have been released by the Parole Board and then been recalled and those who have never been released.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld