Section 30 - investigations and proceedings conducted by
public authorities.
In some circumstances the relationship between the CPS and the police
will not be that of a solicitor and client. It is likely however even
where this is the case that other exemptions such as those in sections
30, 31 and 41 (see below) will apply to communications between the
CPS and the police.
Section 31 - law enforcement.
This section may also be relevant even where the information does
not come within section 42.
Section 32 - court records, etc.
Where for example the information requested is a court document or
has been served for the purposes of legal proceedings it should
be considered whether section 32 will apply. If section 32 does
apply this confers an absolute exemption.
Section 35 - formulation of government policy, etc.
Where the information relates to the provision of advice by any of
the Law Officers or any request for the provision of such advice,
this will also fall within section 35(1)(c). It should be noted
that section 35(1)(c) may be relevant and so will need to be considered
even where the information in question does not fall within section
42. Where a request relates to the provision of advice by the Law
Officers it should be referred to the office of the relevant law
officer.
The other parts of section 35 may also be relevant, particularly section
35(1)(a) as Departmental lawyers and Treasury Counsel are often consulted
regarding the formulation or development of government policy. This
section may also be relevant where compliance with the duty to confirm
or deny would not in itself disclose information which is subject
to LPP but would be information relating to the formulation or development
of government policy.
Section 41 - information provided in confidence.
Section 41 applies to information obtained by a public authority from
another person where the disclosure of the information to the public
would constitute a breach of confidence. For example, where a public
authority holds legal advice received by another person sections 41
and 42 may both apply . Section 41 may also be relevant even though
the information in question does not fall within section 42.
