Information not included in our publication scheme

Publication schemes are intended to enable public authorities to be proactive in making information they hold more readily available to the public and to develop a culture of greater openness. However, not all of the information held by the Crown Prosecution Service (CPS) can or should be included in the scheme.

Information that is, for any reason, of a sensitive nature is not likely to be made available to the public in general. For example, because the CPS gives legal advice and conducts legal proceedings, some information held by the CPS is confidential in the same way that information held by lawyers in private practice is confidential.

Information that is sensitive or confidential, for example because it relates to security matters or consists of legal advice given during consideration of legal proceedings, is not included in our scheme nor is information that would be exempt under Part 2 of the Freedom of Information Act (FoIA).

Information held for the purposes of an investigation or criminal proceedings, which the CPS has power to conduct, together with information that would prejudice law enforcement or the administration of justice if disclosed is exempt from disclosure, subject to a public interest test under the provisions of the Act.

The CPS seeks to be as open as possible, in accordance with the Code of Practice on Access to Government (the Code) but always subject to the requirements of national and personal security, legal confidentiality and the Data Protection Act 1998. Copies of the Code are available for free from:

Department for Constitutional Affairs
Freedom of Information and Data Protection Division
Selborne House
54 Victoria Street
London
SW1E 6QW

We followed the Code until 1 January 2005 when the general right of access under Section 1 of the FoIA replaced the Code.

The Information Commissioner has power under Section 52 of the Act to take action against a public authority for failing, amongst other things, to comply with the requirements of the Act relating to publication schemes.

From January 2005, members of the public have the right under the FoIA to make a specific request for information about the public authorities covered by the Act.

For further information, the Government's Information Asset Register can be found at www.inforoute.hmso.gov.uk. This lists information held by the Government, some of which may be available to the public. This register focuses primarily upon unpublished information held by Government departments.

The Information Asset Register can help you to identify information departments hold, how useful that information is and help to access it.