|
Below
is the text of section 30.
| • |
To
read what the Government guidance says about assessing
the public interest test in relation to section
30, click here |
Section
30 of the Freedom of Information Act provides that:
| (1) |
Information
held by a public authority is exempt information
if it has at any time been held by the authority
for the purposes of -
| a. |
any investigation which the public authority
has a duty to conduct with a view to it
being ascertained: -
| i. |
whether a person should be charged
with an offence, or |
| ii |
whether
a person charged with an offence is
guilty of it, |
|
| b |
any
investigation which is conducted by the
authority and in the circumstances may lead
to a decision by the authority to institute
criminal proceedings which the authority
has power to conduct, or |
| c |
.
any criminal proceedings which the authority
has power to conduct. |
|
| (2) |
Information
held by a public authority is exempt information
if -
| a. |
it was obtained or recorded by the authority
for the purposes of its functions relating
to -
| i. |
investigations falling within subsection
(1)(a) or (b), |
| ii |
criminal
proceedings which the authority has
power to conduct, |
| iii. |
investigations (other than investigations
falling within subsection (1)(a))
which are conducted by the authority
for any of the purposes specified
in section 31(2) and either by virtue
of Her Majesty's prerogative or by
virtue of powers conferred by or under
any enactment, or |
| iv |
civil proceedings which are brought
by or on behalf of the authority and
arise out of such investigations,
and, |
|
| b |
it
relates to the obtaining of information
from confidential sources |
|
| (3) |
The duty to confirm or deny does not arise in
relation to information which is (or if it were
held by the public authority would be) exempt
information by virtue of subsection (1) or (2). |
| (4) |
In relation to the institution or conduct of criminal
proceedings or the power to conduct them, references
in subsection (1)(b) or (c) and subsection (2)(a)
to the public authority include references -
| a. |
to any officer of the authority; |
| b |
in
the case of a government department other
than a Northern Ireland department, to the
Minister of the Crown in charge of the department,
and |
| c |
in the case of a Northern Ireland department,
to the Northern Ireland Minister in charge
of the department. |
|
| (5) |
In
this section -
"criminal proceedings" includes -
| a. |
proceedings before a court-martial constituted
under the Army Act 1955, the Air Force Act
1955 or the Naval Discipline Act 1957 or
a disciplinary court constituted under section
52G of the Act of 1957; |
| b |
proceedings on dealing summarily with a
charge under the Army Act 1955 or the air
Force Act 1955 or on summary trial under
the Naval Discipline Act 1957; |
| c |
proceedings
before a court established by section 83ZA
of the Army Act 1955, section 83ZA of the
Air Force Act or section 52FF of the Naval
Discipline Act 1957 (summary appeal courts); |
| d |
proceedings before the Court-Martial Appeal
Court, and proceedings before a Standing
Civilian Court; |
"
offence" includes any offence under the Army
Act 1955, the Air Force Act 1955 or the Naval
Discipline Act 1957. |
| (6)
. |
In the application of this section to Scotland
-
| a. |
in
subsection (1)(b), for the words from a
"decision" to the end there is
substituted "a decision by the authority
to make a report to the procurator fiscal
for the purpose of enabling him to determine
whether criminal proceedings should be instituted";
|
| b |
in subsections (1)(c) and (2)(a)(ii) for
"which the authority has power to conduct"
there is substituted "which have been
instituted in consequence of a report made
by the authority to the procurator fiscal",
and |
| c. |
for any reference to a person being charged
with an offence there is substituted a reference
to the person being prosecuted for the offence. |
|
|
