Information Commissioner's Office

Crown Prosecution Service

13 March 2007, Police and criminal justice

The complainants made a request for information relating to alleged offences committed by members of the public on a footpath which bisects the complainants’ land. The CPS responded by providing some material, but not the instructions given to Counsel or Counsel’s advice, citing the legal professional privilege exemption contained in section 42 as the reason for refusing this aspect of the request. The complainants submitted that release of the advice and instructions was in the public interest. The Commissioner’s decision is that the use of the section 42 exemption is upheld in this matter, and that the public interest favours maintaining the exemption in this instance. An appeal was made to the Information Tribunal, but the appeal was dismissed.

FOI 42: Not upheld