Information Commissioner's Office

Ministry of Justice

19 September 2017, Central government

The complainant has requested information relating to a phone call he believes took place in 2009 between the then Lord Chief Justice, Lord Judge, and the then Lord Chancellor/Secretary of State for Justice, Jack Straw regarding youth sentencing. He also asked for information about certain decisions subsequently made in respect of youth sentencing policy. The Ministry of Justice (“the MoJ”) said that it did not hold most of the information described in the request. It withheld information about youth sentencing policy, citing the exemption at section 36(2)(b)(ii) (inhibition to the free and frank exchange of views for the purposes of deliberation) of the FOIA. The Commissioner’s decision is that, on the balance of probabilities, the MoJ did not hold most of the requested information. The Commissioner also found that the MoJ was entitled to rely on section 36(2)(b)(ii) to withhold the information that it did hold.

FOI 1: Not upheld FOI 36: Not upheld