Thank you for your emails of 26 October 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:
“Information relating to all enquiries, allegations or references generally since January 2013, by the Scottish Information Commissioner and/or the Chief Constable of the Police Service of Scotland in regard to prospective offences under s 65 of the Freedom of Information (Scotland) act 2002.”
As outlined in the current Memorandum of Understanding (MoU) in force, while investigations are conducted on a joint basis between Police Scotland and the Scottish Information Commissioner, at the conclusion of the investigation Police Scotland will report the matter to the appropriate Procurator Fiscal. I have therefore interpreted this request as a request for any information regarding reports under section 65 received by COPFS and I can confirm that the Crown Office and Procurator Fiscal Service (COPFS) does not hold any reports since January 2013 regarding offences under s.65 of the Freedom of Information (Scotland) Act 2002. Therefore, in terms of section 17(1) of FOISA, the information you have requested is not held by COPFS.
You also ask if “prosecutor” as referenced in the MoU between the Scottish Information Commissioner; the Crown Office and Procurator Fiscal Service and the Chief Constable of the Police Service of Scotland, is a person within COPFS and not either the Scottish Information Commissioner or the Chief Constable.
While not a request for recorded information, I can advise the term ‘prosecutor’ within the MoU refers to a person within COPFS.
Lastly, you request if the Crown Office is able to make available previous versions of the MoU and confirm the dates between which they were current.
I can advise we hold one previous version of the MoU, which I have attached at Annex A. The Information we hold is that this was dated 2011.