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You are here: BAILII >> Databases >> Information Commissioner's Office >> Crown Prosecution Service (Police and criminal justice) [2022] UKICO 116624 (12 July 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/116624.html
Cite as: [2022] UKICO 116624
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Crown Prosecution Service
The complainant requested information held in a prosecution case file relating to a specified manslaughter case in 1977. The Crown Prosecution Service (the ‘CPS’) refused to provide any information citing both section 38 of FOIA (the exemption for health and safety) for some of the information, and section 40 (the exemption for personal information) which it applied to all the information contained within the requested file. Both the defendant and the victim are deceased. The Commissioner’s decision is that: The CPS was correct to withhold some of the requested information under section 40. However, he also finds that section 40 is not engaged for information that relates to the defendant or the victim. He also finds that the remaining information withheld only under section 40 is not personal data and so section 40 is not engaged. The CPS must disclose the information as set out in the Confidential Annex issued only to the public authority. Finally, the Commissioner finds that the CPS was correct to withhold the majority of the remaining information under section 38 of FOIA. However, there are some exceptions which the CPS must disclose, details of which are as set out in the Confidential Annex.FOI 40: Complaint partly upheld FOI 38: Complaint partly upheld
Decision notice: 116624