The complainant made an information request for ‘a list of all crimes in which Lancashire Police determine that drunkenness is a valid defence from prosecution’. The public authority relied on section 12 to deny the request (exemption where cost of compliance exceeds appropriate limit). The complainant-andtrade;s complaint to the Commissioner however was limited to whether the public authority had complied with section 16 of the Act (duty to provide advice and assistance). The Commissioner, after investigating and considering the matter, found that section 16 had not been complied with and requires the Constabulary to fulfil the obligations imposed by section 16 in the circumstances of this case.
Section of Act/EIR andamp; Finding: FOI 16 – Complaint Upheld, FOI 21 – Complaint Upheld
[2011] UKICO FS50316909
Bailii
England and Wales
Information
Updated: 11 December 2021; Ref: scu.530349