Justice and fair trial - Regulation 10(5)(b)

The main points

  • Regulation 10(5)(b) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) provides an exception which allows a Scottish public authority to withhold environmental information if its disclosure would, or would likely to, cause substantial prejudice to one or more of the following:
    • the course of justice
    • the ability of a person to receive a fair trial
    • the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature.
  • In common with other exceptions in the EIRs:
    • the exception is subject to the public interest test in regulation 10(1) of the EIRs. This means that, even if the exception applies, the information should still be disclosed unless the public interest in withholding the information outweighs the public interest in making it available.
    • the exception can be relied on regardless of the age of the information.

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EIR Briefing - Regulation 10(5)(b): Justice and fair trial

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