Details and documents relating to a specific SIA prosecution case
Published 30 May 2023
© Crown copyright 2023
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1. Request
I can only assume that the SIA are no longer seeking to prosecute [REDACTED] or their owner and MD [REDACTED]…I would therefore like to officially request all the investigation and case documents and details relating to this case via a Freedom of Information Act 2000 request.
2. Response
I can confirm that the SIA does hold this information but it is exempt from disclosure under s.31(b) and s.31(c) Freedom of Information Act 2000. This is because this matter is subject to a live and ongoing prosecution. Disclosure of this information may prejudice these matters and prevent the administration of justice.
In applying this exemption I am required to consider the public interest and weigh up any factors for and against disclosing this information. A factor tending for this information being disclosed is so that as a public body, we remain transparent which is a key principle to uphold when responding to FOI requests.
However, another principle key to the public interest is ensuring justice. Should this information be disclosed to you, the prosecution would be prejudiced. This is because I would be giving you a wealth of information that is yet to be reviewed and judged by a court of law. Prosecution information prior to the outcome of that prosecution is to stay between the prosecution, court and defence parties to ensure a fair trial of the defendant which is a human right under the Human Rights Act 1998. The administration of justice would be greatly affected upon this information being accessed by the public as the process by which the legal system is executed would have been inhibited. One of the goals of the legal system is to provide justice and justice would not be served if the public have access to prosecution documents that have not yet been subject to a fair trial or jury scrutiny.
I am therefore of the view that there is no public interest in the disclosure of this information as it would prejudice this prosecution matter and prevent the administration of justice.
[Reference: FOI 0414]