Edward Williams v (1) Information Commissioner; (2) Chief Constable of Kent Police: [2021] UKUT 149 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Jones on 21 June 2021.
Read the full decision in .
Judicial Summary
Section 30(1)(a)(i) of Freedom of Information Act – exemption from disclosure for information held for the purpose of a criminal investigation (ascertaining whether a person should be charged with a criminal offence) – Schedule 7 to the Terrorism Act 2000 – detention and questioning under Schedule 7 not per se a criminal investigation – requires a fact specific analysis of whether the information generated by the schedule 7 port stop and questioning was held for the purposes of a criminal investigation – First Tier Tribunal failed to conduct such an exercise but wrongly determined that use of schedule 7 powers in relation to a person automatically rendered the information held for the purposes of a criminal investigation – appeal allowed and case remitted to a freshly constituted FTT to decide if any relevant FOIA exemptions may apply including sections 24 (national security), 31 (law enforcement) or 40 (personal information).