Crown Prosecution Service
- Date 1 August 2023
- Sector Police and criminal justice
- Decision(s) FOI 40(5): Upheld
The complainant requested, from the Crown Prosecution Service (‘the CPS’) information relating to whether any investigation is occurring regarding a missing page in a court document bundle. The CPS applied section 40(5) of FOIA and refused to confirm or deny whether it holds relevant information. The Commissioner’s decision is that the CPS was not correct to apply section 40(5) to neither confirm nor deny whether it holds relevant information. The Commissioner requires the CPS to take the following steps to ensure compliance with the legislation. To respond to the request again, without relying upon section 40(5).