CPS 14391 response printed 10 July 2026

Authority case reference: 14391

Operational handling and outcomes

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OFFICIAL  
 
 
 
 
 
     Crown Prosecution Service HQ 
    102 Petty France 
     Westminster 
  SW1H 9EA 
 
                            
 
    
   cps.gov.uk  @cpsuk                    Crown Prosecution Service                @crownprosecutors 
Pete Lindsay 
By email pete.lindsay@justicebydesign.org.uk 
 
10 July 2026 
 
Ref:  14391 
 
Dear Pete Lindsay, 
 
Freedom of Information Act 2000 Request   
 
Thank you for your Freedom of Information (FOIA) request which we received on 20 July 2026.  
 
Section 1 of the FOIA gives you the right to know whether we hold the information you want and to 
have it communicated to you, subject to any exemptions which may apply. It is a public disclosure 
regime, not a private regime. This means that any information disclosed under the FOIA, by 
definition, becomes available to the wider public. 
 
Request:  
 
 
1. Can CPS systems identify cases in which lawful possession of a prescribed  
cannabis-based product for medicinal use was asserted?  
 
2. If the answer to Question 1 is yes, please provide recorded information  
explaining how such cases are identified. If the answer is no, please explain 
why such cases cannot be identified. 
  
3. Has the CPS produced, received or considered any recorded information 
concerning: prosecution decision -making where lawful prescription of a 
cannabis-based product for medicinal use was asserted; and/or the interaction 
between Regulation 16A of the Misuse of Drugs Regulations 2001 and the 
statutory medical defence available under section 5A of the Road Traffic Act 
1988?

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cps.gov.uk @cpsuk Crown Prosecution Service @crownprosecutors
If the answer to Question 3 is yes, please provide that recorded information or,
where exempt, sufficient description to identify: the nature of the material;

the date range;
the authoring body; and
the subject matter.

Response:

The Crown Prosecution Service (CPS) does not centrally record the data as requested. The CPS case
management system does not have a keyword search facility.

A manual review of CPS case files would be required to obtain the information sought in your
specific questions above and we believe that this would be at a prohibitive cost.

Section 12(1) of the FOI Act means public authorities are not obliged to comply with a request for
information if it estimates the cost of complying would exceed the appropriate limit. The appropriate
limit for central government is set at £600. This means that the appropriate limit will be exceeded if
it would require more than 24 hours work in determining whether the CPS holds the information, and
locating, retrieving and extracting the information.

By way of advice and assistance, the relevant principal offence category is likely to be Drugs
Offences. In the last published quarter, there were 4,328 charged offences in this category.

4328𝑥𝑥�10𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚
60 � = 721. 3 𝐻𝐻𝐻𝐻𝐻𝐻𝐻𝐻𝑚𝑚

We believe that the cost of reviewing all the information you have requested would exceed the
appropriate limit. Consequently, we are not obliged to comply with your request.

However, under section 16 of the FOI Act, we have a duty to provide advice and assistance where
appropriate. The CPS does hold information relevant to question 3. If you wish to submit a fresh
request for this information, it will be treated as a new request and considered in accordance with
the FOIA, including any applicable exemptions.

You may wish to consider the guidance published by the CPS on cps.gov.uk at Section 5A RTA 1988 –
Defences.

If you are not satisfied with this response, you have the right to request an internal review by
responding in writing to the address below within two months of the date of this response. The
internal review will be handled by a member of CPS staff who has not been involved with your
original request.

IAT@cps.gov.uk

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   cps.gov.uk  @cpsuk                      Crown Prosecution Service                 @crownprosecutors 
Information Access Team 
Floor 8 
102 Petty France 
London 
SW1H 9AJ 
 
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect 
of your complaint. Please note, however, that the ICO is likely to expect internal complaints 
procedures to have been exhausted before beginning their investigation. 
 
The ICO asks that complaints are submitted via their online portal at www.ico.org.uk/foicomplaints. 
 
Alternatively, you may contact the ICO at:  
 
Information Commissioner’s Office 
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire SK9 5AF 
 
icocasework@ico.org.uk 
 
Yours sincerely 
 
 
 
Ms Wolstencroft 
Associate Corporate Knowledge & Information Manager  
Information Access Team | Corporate Knowledge & Information 
Digital Information Directorate 
Email: iat@cps.gov.uk