Crown Prosecution Service

The complainant has requested information about the Crown Prosecution Service’s (CPS) decision to prosecute in a specific case of suspected female genital mutilation (FGM). The CPS said it did not hold some of the information described in the request. With regard to the information it did hold, it said it was exempt from disclosure under sections 30 (investigations and proceedings), 36 (effective conduct of public affairs), 40 (personal information) and 42 (legal professional privilege) of the FOIA. The Commissioner’s decision is that the CPS was entitled to rely on sections 30(1)(c) and 36(2)(b)(ii) of the FOIA to withhold the majority of the information. However, she found that it breached sections 1 and 10 of the FOIA with regard to information it subsequently found that it did hold in respect of the second part of the request. The Commissioner requires the CPS to issue a fresh response to question 2. The information should either be disclosed (with appropriate redactions for personal data) or a refusal notice issued which is compliant with section 17 of the FOIA.