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Crown Office and Procurator Fiscal Service FOIs:
Is Shetland part of Scotland?

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On 27 January we wrote:

Dear Crown Office and Procurator Fiscal (Scotland),

Do you have specific information showing proof that Shetland is part of Scotland?

Yours faithfully,

The Sovereign Nation of Shetland

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They replied the same day:

Dear The Sovereign Nation of Shetland,

You must include your full name - it could be your first name and surname (e.g. Jane Smith), or first initial and surname (e.g. J Smith), or title and surname (e.g. Mrs Smith). A first name without a full surname will not be valid. Also, your name must be included in the main text of the request. It's not enough, for example, to rely on your name being visible in an email address or even as the sender of an email. Therefore, before your request can be considered, can you please confirm your full name. Kind regards COPFS

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We responded, quoting the information at our site:

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On 31 January 2025, COPFS responded with:

Good afternoon,

In line with Section 8(1)(b) of FOISA I do not consider this request to be valid under the Freedom of Information (Scotland) Act 2002 (FOISA). As such, COPFS is not obliged to respond to your request.

In line with Section 15 to provide advice and guidance, COPFS is Scotland's prosecution service and death investigation authority. As such, the matter you refer to is not within our remit.

Kind regards

FOI Enquiries

COPFS

Section 8(1)(b) of FOISA refers to the name, which we have already dealt with. COPFS does not challenge our information, simply ignores it.

They say: "COPFS is Scotland's prosecution service and death investigation authority." without explaining how this might be pertinent to Shetland.

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On 31 January 2025 we wrote:

Dear FOI Enquiries,

We believe you are in breach of your duty to provide the information requested. The reason you give for refusal is that, in terms of Section 8(1)(b) of FOISA, The Sovereign Nation of Shetland is not a valid name. That is the name of our unincorporated association. The information we have given you has been acceptable to the Scottish Government, the DVLA, Crown Estates Scotland and the Electoral Commission when they initially refused a request under this name. All reversed their decision. We ask you to do the same.

Yours sincerely,

The Sovereign Nation of Shetland

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On 4 February 2025 we wrote:

Dear Crown Office and Procurator Fiscal (Scotland),

You say "In line with Section 15 to provide advice and guidance, COPFS is Scotland's prosecution service and death investigation authority. As such, the matter you refer to is not within our remit."

We point out that:

1) Section 16, not Section 15, deals with advice and guidance; and

2) Nothing in Section 16 absolves you of the duty to provide the information requested; and

3) We believe these are merely delaying or avoidance tactics.

Kindly provide the information requested.

Yours faithfully,

The Sovereign Nation of Shetland

As far as we can see, they have produced no reason for refusing this request.

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On 4 February 2025 COPFS responded:

Good morning,

As noted below, I do not consider this to be a valid request under the Freedom of Information (Scotland) Act 2002 and therefore your request is refused.

COPFS have provided advice and guidance in line with [1]Section 15 of the Act and advised you of the remit of this public authority.

Please note that further correspondence in relation to this matter may be filed but not responded to.

Kind regards

FOI Enquiries

COPFS

COPFS refuses to provide information, without which they have no authority to operate in Shetland. It seems they are simply being obstructive.

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