Public Prosecutions Service for Northern Ireland

The complainant requested all documentation relating to criminal proceedings brought by the Public Prosecution Service of Northern Ireland (PPS) against four individuals for a number of offences. The PPS refused to release the information and relied on sections 30, 31, 38, 40(2) and 41 of the Act, although following the completion of the internal review the PPS later withdrew its reliance on sections 38 and 41. During the course of the Commissioner’s investigation, however, the PPS sought to re-apply section 41 to the requested information. The Commissioner is not satisfied that section 41 is engaged. The Commissioner finds that section 40(2) was correctly applied to personal information, some of which was sensitive. In relation to the remaining information, the Commissioner finds that whilst section 30 of the Act is engaged, the public interest in maintaining this exemption does not outweigh the public interest in disclosure. The Commissioner directs that the PPS should disclose the information as set out within the confidential annex attached to this Notice within 35 days from the date of this Notice. Information Tribunal appeal EA/2010/0109 allowed.