Response

SPA Forensics Services can confirm that information is held.

However, the information requested is subject to exemption. This is because the information falls within a particular class of information as it is held for the purposes of a criminal investigation.

This is a non-absolute exemption and requires the application of the public interest test.

Public Interest Test

The public interest in favour of disclosure of the requested information:

This would provide full transparency relating to the investigation of this case.

The public interest factors in favour of maintaining the exemption being:

There is an established process through the Defence Access Policy to ensure that defence agents and independent forensic science experts have consistent, fair and transparent access to productions and specific information held by Forensic Services. The public interest lies in maintaining and protecting established routes to support an efficient and effective criminal justice system and ensure the security of SPA Forensic Services information and data.

This case has been subject to court proceedings and subsequent appeal where court documentation is a matter of public record. It is considered that the public interest in this case has been served through the judicial process and therefore this favours maintaining the exemption.

The public interest lies in protecting police and forensic investigation operations to be carried out effectively and securely. Therefore, on balance, our conclusion is that maintaining the exemption outweighs that of disclosure.