Crown Prosecution Service

The complainant has requested information about what constituted a “reasonable excuse” for leaving home during the first Covid-19 lockdown. The Crown Prosecution Service relied on section 31(1)(c), section 21, section 40(2) and, later, section 42 of the FOIA to withhold all the information it held. The Commissioner’s decision is that the CPS is not entitled to rely on section 31(1)(c) of the FOIA in respect of any of the withheld information. Section 42 of the FOIA is engaged, but only in respect of some of the requested information. Where the exemption is engaged, the balance of the public interest favours maintaining the exemption. The Commissioner also finds that the CPS has not discharged its duty under section 1(1) of the FOIA properly as the Commissioner’s investigation has identified a further document which falls partially within the scope of the request. As the CPS failed to confirm what information it held and failed to issue a refusal notice, citing all the exemptions on which it later came to rely, within 20 working days, it breached both section 10 and section 17 of the FOIA. The Commissioner requires the CPS to take the following steps to ensure compliance with the legislation: disclose the information identified in the confidential annexe to this decision notice.