Crown Prosecution Service

The complainant made a request for information relating to the public consultation process of the Deception as to Gender Section in the Rape and Serious Sexual Offences (RASSO) legal guide. The Commissioner’s decision is that the CPS correctly applied section 36(2) but considers that the balance of the public interest favours disclosure of the information. The Commissioner also finds that the CPS breached section 10 (time for compliance) of FOIA in its handling of the request. The Commissioner requires the CPS disclose the requested information subject to appropriate redactions for information exempt under section 40(2) (third part personal data). In regard to paragraph 32 of this notice, the Commissioner wishes to clarify that many organisations have published on their websites that they were part of the public consultation process. Information Tribunal appeal EA/2023/0520 appeal withdrawn.