Crown Prosecution Service
- Date 1 March 2017
- Sector Police and criminal justice
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 21: Upheld, FOI 22: Upheld, FOI 36: Not upheld
The complainant requested both the draft and final minutes of the last two CPS meetings. The CPS provided a link to one set of final minutes and explained that the second set was in the process of being published. It also withheld two sets of draft minutes, citing sections 36(2)(b)(i) (free and frank provision of advice) and (ii) (free and frank exchange of views for deliberation) of the FOIA. The Commissioner’s decision is that the Crown Prosecution Service has applied section 36(2)(b) (i) and (ii) of the FOIA appropriately to the draft minutes. However, the Commissioner considers that the Crown Prosecution Service has breached section 22 (intention to publish) of FOIA with regard to the second set of final minutes. The Commissioner also considers that the Crown Prosecution Service has breached section 21(information accessible by other means) and sections 17(1) (request for information) and 10(1) (time for compliance) of the FOIA. The Commissioner does not require the Crown Prosecution Service to take any further steps as a result of this decision notice.