Chief Constable of Leicestershire Police

The complainant requested a copy of a particular car parking related procedure from Leicestershire Police, together with a copy of the procedures or tests the Force uses to determine whether to investigate a crime or whether to refer it to the Crown Prosecution Service. Leicestershire Police initially cited section 31(1)(a) (the FOIA law enforcement exemption for the prevention or detection of crime, and section 31(1)(b) (the FOIA exemption for the apprehension or prosecution of offenders) to refuse the request, but provided some narrative details. During the course of the Commissioner’s investigation, Leicestershire Police revised its position and provided the previously withheld Road Traffic Procedure in full. For the remainder of the request it cited section 12(1) of FOIA. The complainant remained dissatisfied with the application of section 12 of FOIA. The Commissioner’s decision is that Leicestershire Police has properly relied on section 12(1) of FOIA to refuse the second part of the request. The Commissioner also considers that Leicestershire Police has complied with its obligations under section 16(1) of FOIA to provide adequate advice and assistance. No steps are required as a result of this notice.