FOI/202600508216 · FOI · partially withheld
Factual updates provided by Lord Advocate in relation to high profile and sensitive court cases: FOI release
Information requested
In relation to the Lord Advocate, she said in Parliament last week that:
https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-inparliament/meeting-of-parliament-18-02-2026?meeting=20080&iob=206486
"but I am happy to share, following on from this evening, information in relation to instances where a similar process has been undertaken in relation to informing the First Minister of important stages in high-profile and sensitive cases."
1) I request all such instances in which a similar process has occurred (the number of times it has occurred, when it has occurred, who the accused was, and the information related to it as referenced by the Lord Advocate).
Response
I enclose a copy of most of the information you requested.
Please note that the information provided is a representative set of examples of cases in which the Lord Advocate has provided factual updates in relation to high profile and sensitive cases which might lead to Ministers being asked to make comment following significant developments in the cases. It is not possible to provide a comprehensive list of every occasion on which such information has been provided by Lord Advocates to Scottish Ministers.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 26(c) and 35(1)(b) FOISA apply. The reasons why these exemptions apply are explained below.
Section 26(c)
Section 26(c) (Contempt of Court) applies to some of the information you have requested because it relates to ongoing legal proceedings. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
Section 35(1)(b)
Section 35(1)(b) applies to some of the information you have requested because it relates to an ongoing police investigation.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release of information as part of an open and transparent government. However, this is outweighed by the strong public interest in maintaining the confidentiality of an ongoing criminal investigation.
You may wish to consider making a request to the Crown Office and Procurator Fiscal Service in respect of information held by it in the form of correspondence between the Crown Office and Procurator Fiscal Service and the First Minister about high profile and sensitive cases. FOI requests can be made to: FOI@copfs.gov.uk
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 26(c) and 35(1)(b) FOISA apply. The reasons why these exemptions apply are explained below. Section 26(c) Section 26(c) (Contempt of Court) applies to some of the information you have requested because it relates to ongoing legal proceedings. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. Section 35(1)(b) Section 35(1)(b) applies to some of the information you have requested because it relates to an ongoing police investigation.