Solemn criminal appeals – Mr X requested from the Scottish Court Service (the SCS) information relating to solemn criminal appeals. The SCS responded by confirming that the information requested by Mr X was not held. Following a review, as a result of which the SCS retracted its assertion that the information was not held, Mr X was provided with the information the SCS believed at the time fell within the scope of his request. Mr X remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, the Commissioner was notified that on further consideration the SCS now took the view that the information provided to Mr X represented only part of the request. However, the SCS also submitted, with supporting calculations, that the cost of full compliance would exceed andpound;600. As a result of the investigation, the Commissioner accepted that the cost of compliance in this case would exceed andpound;600 and consequently that (by virtue of section 12(1) of FOISA) the SCS was not obliged to comply with the request. He also found, however, that the SCS had failed to provide Mr X with adequate advice and assistance in responding to his request.
Citations:
[2009] ScotIC 002 – 2009
Links:
Scotland, Information
Updated: 08 September 2022; Ref: scu.433954