Crown Prosecution Service

The complainant requested all contacts between a named QC and other named Crown Prosecution Service (‘CPS’) officers between two specified dates, and also referenced a particular individual’s case. Following clarification of the request, the CPS responded and refused to confirm or deny whether the requested information was held, citing section 40(5), the ‘neither confirm nor deny’ provision for personal information. During the course of the Commissioner’s investigation, the CPS revised its position and cited section 12(1), the cost of compliance, for some of the request, although it maintained that section 40(5) applied to the remainder. Subsequently, it advised that it wished to aggregate all four parts of the request and cited section 12(2). The Commissioner’s decision is that the CPS was entitled to aggregate all parts of the request and to rely on section 12(2) to neither confirm nor deny whether it held the requested information. She also finds that it complied with its section 16 advice and assistance obligations. She does not require the CPS to take any steps as a result of this notice.