FOI request detail

Fare Evasion Paperwork

Request ID: FOI-1388-1718
Date published: 16 November 2017

You asked

Dear Transport for London, Please supply all the paperwork in relation to the private prosecution of an individual for fare evasion. The individual can be randomly chosen, the case be a win or a loss and personal details eg names and addresses ommitted. this should include amongst others:- letters to the defendent laying of information MG11's Case bundle Interview recordings if any any other forms or letters involved.

We answered

Thank you for your request received by Transport for London (TfL) on 07 September 2017 asking for information about private prosecution for fare evasion.

The Freedom of Information Act allows you to request access to recorded information. A valid request needs to identify the information that you are seeking, and in this instance you have not specified which information you are seeking. Whilst we recognise that you have asked for a “random” case because this will aid the anonymisation of any disclosed material. However, the legislation requires that you specify exactly what you are seeking – for instance you might ask for the paperwork from the fifth case that was closed this year.

However, if you do decide to submit a refined request, please be aware that certain information is likely to be exempt. Section 32 of the FOI Act applies to court, inquiry and arbitration records and is an absolute exemption, meaning that there is no assessment of the public interest in disclosure when determining whether the exemption applies. The Information Commissioner’s guidance identifies the following examples as falling under the exemption:

• claim forms or other statements of case (particulars of claim, defence, a reply to a defence etc);

• committal documents in criminal proceedings;

• witness statements, medical or other expert reports and exhibits;

skeleton arguments;

• application notices;

• trial bundles;

• standard disclosure lists;

• notices of appeal;

• letters before action (provided proceedings have been brought by or are still anticipated at the time of the request); and

• records of a defendant’s submissions for costs.

Therefore it is highly likely that the paperwork held in connection with a court prosecution would be exempt from disclosure under section 32 of the Freedom of Information Act.

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal

Yours Sincerely

Simon Guild

Information Access Manager

Transport for London

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