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Summaries of exemptions

Section 31: Law Enforcement

Section 31 is concerned with protecting a wide range of law enforcement interests and its application turns on whether disclosure would be likely to prejudice those interests.

Some interests that are protected by section 31 are drawn quite widely, for example: the administration of justice, the prevention or detection of crime and the operation of immigration controls. But section 31 also applies where the exercise by any public authority of certain specified functions would be prejudiced by disclosure. Those functions include: ascertaining whether a person is responsible for improper conduct, determining the cause of an accident and ascertaining a person's fitness to carry on a profession.

Key points:

• Section 31 only applies in cases where the information does not fall within section 30;
• The structure of section 31 is quite complex and it will be necessary to have careful regard to the important differences between the way in which the various categories of information are framed
• The categories within section 31 may overlap and consideration should be given to all categories that may apply.
• Section 31 is subject to a public interest balance.

[ Full Section 31 Exemptions guidance ]

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