I would be grateful if you could assist me with the following:
1. In the past 5 years, has the authority instigated or conducted any criminal proceedings?
2. If the answer to 1 is in the affirmative, please provide a list of offences (by reference to section and Act of Parliament) the year the proceedings were commenced and where appropriate, the quantities of the same, which have been instigated by authority either by way of the laying of an information at a magistrates’ court, summons or postal requisition within the last 5 years.
3. Can you provide particulars (redacted where necessary) for those offences referred to in question 2.
4. Can you confirm the outcome of the proceedings referred to in question 2?
5. In the past 5 years, has the authority investigated a matter which has then been subject to proceedings commenced by the Director of Public Prosecutions / Crown Prosecution Service?
6. If the answer to 2, is in the affirmative, please provide a list of offences (by reference to section and Act of Parliament) the year the proceedings were commenced and where appropriate, the quantities of the same, which have been instigated by The DPP/CPS following an investigation by the authority.
7. Can you provide particulars (redacted where necessary) for those offences referred to in question 5.
8. Can you confirm the outcome of the proceedings referred to in question 7?
In the interests in ensuring clarity of the information I am seeking under questions 2 and 5, I have in mind something such as:
• 3 offences under s136 Licensing Act 2003 in 2019
• 2 offences under s92 Trade Marks Act 1994 in 2020
I believe that the information I am seeking is exempt under s30, however, this is not a total exemption under s2(3). The purpose of this exercise is to understand that nature of prosecution work undertaken by your authority at the post investigation stage of proceedings. Since the investigation of criminal proceedings is a matter of public record, we believe that the exemption does not apply by virtue of s2(b) as the public interest in disclosure outweighs the public interest in maintaining the exclusion. Nothing in this request, we believe, is capable of undermining any past, present of future investigations. The ICO advise that the purpose of the exemption is to protect the effective investigation and prosecution of offences and the protection of confidential sources. I do not believe that the disclosure would prejudice either a particular investigation or set of proceedings, or the investigatory and prosecution generally. For the avoidance of doubt, this request does not intend to reveal the name of any individual.