Crown Prosecution Service
- Date 28 April 2026
- Sector Central government, Police and criminal justice
- Decision(s) FOI 30: Not upheld, FOI 42: Not upheld
The complainant requested a copy of the decision/legal advice not to bring criminal charges in a specified investigation in 2020 for a named (now deceased) police officer. The Crown Prosecution Service (the ‘CPS’) refused to provide the requested information, relying on section 30(1)(c) – the FOIA exemption for criminal proceedings and section 40(2) – the exemption for personal information. At internal review, the CPS additionally relied on section 42 of FOIA – the legal professional privilege exemption. The Commissioner’s decision is that the CPS was entitled to rely on both sections 30(1)(c) and 42(1) of FOIA to withhold the requested information for the reasons set out in this notice. He has not deemed it necessary to consider the CPS’ additional reliance on section 40 of FOIA. No steps are required as a result of this decision.