Secretary of State for Defence (Ministry of Defence)

The complainant has requested information relating to six Courts Martial which took place between 2005 and 2007. The Ministry of Defence (MOD) provided some information but stated that it did not hold the remainder, namely, information about the costs of the Courts Martial, copies of three Courts Martial judgments, and one Court Martial charge sheet. The Commissioner’s decision is that, on the balance of probabilities, the MOD has provided the complainant with all information it holds and it does not hold the remainder of the requested information. However, it breached section 16 of FOIA by providing advice and assistance late. The MOD also breached section 10(1) of FOIA by responding outside the statutory time limits for compliance to both the original and clarified request for information. The Commissioner does not require further steps.