Response

Your request for information has been considered and the Scottish Police Authority is able to confirm that information relevant to your request is held. However, the Authority considers that the information held is exempt for the following reasons.

The information is held by SPA Forensic Services for the purpose of an investigation, which was subsequently subject to criminal proceedings.

These exemptions are “class-based”. This means that the exemption applies if the information falls within a particular class of information. Unlike other exemptions we are not required to demonstrate that disclosure would cause harm. However, we are required to apply the public interest test.

The Authority also considers that the release of this information would be likely to endanger the mental health of individuals. This exemption requires application of the public interest test.

Public Interest Test

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

• This would adhere to the basic principle of being open and transparent.

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

• This case has been subject to court proceedings and subsequent appeal. The courts decisions are a matter of public record. It is considered that the public interest in this investigation and case has been served through the judicial process.

• There are established processes in statute and at common law for the disclosure of evidence in criminal proceedings (see e.g. the Criminal Justice and Licensing (Scotland) Act 2010, Part 6). SPA Forensic Services also has 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 these established routes to support an efficient and effective criminal justice system and ensure the security of SPA Forensic Services information and data.

• The public interest lies in protecting police and forensic investigation operations to be carried out effectively and securely.

• There is a dedicated statutory body, the Scottish Criminal Cases Review Commission, which investigates alleged miscarriages of justice. The Commission has significant powers to recover evidence of the kind requested. There is a strong public interest in maintaining established statutory routes for recovering evidence of this nature.

• There is a significant public interest in protecting individuals’ health and safety. Disclosure of information under the Freedom of Information (Scotland) Act is a disclosure to the world at large, not only the person making the request. While there is information already in the public domain, it is likely that disclosure would endanger the health and wellbeing of family members and others involved in this investigation.

Therefore, on balance, our conclusion is that maintaining the exemptions outweigh that of disclosure.