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Ministry
of Justice
Criminal Procedure and Investigations
Act 1996 (section 23(1))
Code of Practice
Revised in accordance with section 25(4) of the
Criminal Procedure and Investigations Act 1996
March 2015
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Criminal Procedure and Investigations Act 1996
(section 23(1))
Code of Practice
Revised in accordance with section 25(4) of the
Criminal Procedure and Investigations Act 1996
OGL
© Crown copyright 2015
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Criminal Procedure and Investigations Act 1996 (section 23(1))
Contents
Preamble
ak ON
7.
8.
9.
Introduction
Definitions
General responsibilities
Recording of information
Retention of material
(a) Duty to retain material
(b) Length of time for which material is to be retained.
Preparation of material for prosecutor
(a) Introduction
(b) Magistrates’ Court
(c) Crown Court
(d) Sensitive material — Crown Court
Revelation of material to prosecutor
Subsequent action by disclosure officer
Certification by disclosure officer
10. Disclosure of material to accused
Annex
oON ODA WOW
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10
14
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14
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Criminal Procedure and Investigations Act 1996 (section 23(1))
Criminal Procedure and Investigations Act 1996
Code of Practice under Part Il
Preamble
This code of practice is issued under Part Il of the Criminal Procedure and Investigations
Act 1996 (‘the Act’). It sets out the manner in which police officers are to record, retain and
reveal to the prosecutor material obtained in a criminal investigation and which may be
relevant to the investigation, and related matters.
1. Introduction
1.1. This code of practice applies in respect of criminal investigations conducted by
police officers which begin on or after the day on which this code comes into effect.
Persons other than police officers who are charged with the duty of conducting an
investigation as defined in the Act are to have regard to the relevant provisions of
the code, and should take these into account in applying their own operating
procedures.
1.2 This code does not apply to persons who are not charged with the duty of
conducting an investigation as defined in the Act.
1.3. Nothing in this code applies to material intercepted in obedience to a warrant
issued under section 2 of the Interception of Communications Act 1985 or section 5
of the Regulation of Investigatory Powers Act 2000, or to any copy of that material
as defined in section 10 of the 1985 Act or section 15 of the 2000 Act.
1.4. This code extends only to England and Wales.
Criminal Procedure and Investigations Act 1996 (section 23(1))
2. Definitions
21 In this code:
a criminal investigation is an investigation conducted by police officers with a
view to it being ascertained whether a person should be charged with an
offence, or whether a person charged with an offence is guilty of it. This will
include:
e investigations into crimes that have been committed;
e investigations whose purpose is to ascertain whether a crime has been
committed, with a view to the possible institution of criminal proceedings;
and
e investigations which begin in the belief that a crime may be committed, for
example when the police keep premises or individuals under observation
for a period of time, with a view to the possible institution of criminal
proceedings;
charging a person with an offence includes prosecution by way of summons or
postal requisition;
an investigator is any police officer involved in the conduct of a criminal
investigation. All investigators have a responsibility for carrying out the duties
imposed on them under this code, including in particular recording information,
and retaining records of information and other material;
the officer in charge of an investigation is the police officer responsible for
directing a criminal investigation. He is also responsible for ensuring that proper
procedures are in place for recording information, and retaining records of
information and other material, in the investigation;
the disclosure officer is the person responsible for examining material retained
by the police during the investigation; revealing material to the prosecutor
during the investigation and any criminal proceedings resulting from it, and
certifying that he has done this; and disclosing material to the accused at the
request of the prosecutor;
the prosecutor is the authority responsible for the conduct, on behalf of the
Crown, of criminal proceedings resulting from a specific criminal investigation;
material is material of any kind, including information and objects, which is
obtained or inspected in the course of a criminal investigation and which may
be relevant to the investigation. This includes not only material coming into the
possession of the investigator (such as documents seized in the course of
searching premises) but also material generated by him (such as interview
records);
material may be relevant to an investigation if it appears to an investigator, or to
the officer in charge of an investigation, or to the disclosure officer, that it has
some bearing on any offence under investigation or any person being
investigated, or on the surrounding circumstances of the case, unless it is
incapable of having any impact on the case;
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sensitive material is material, the disclosure of which, the disclosure officer
believes, would give rise to a real risk of serious prejudice to an important
public interest;
references to prosecution disclosure are to the duty of the prosecutor under
sections 3 and 7A of the Act to disclose material which is in his possession or
which he has inspected in pursuance of this code, and which might reasonably
be considered capable of undermining the case against the accused, or of
assisting the case for the accused;
references to the disclosure of material to a person accused of an offence
include references to the disclosure of material to his legal representative;
references to police officers and to the chief officer of police include those
employed in a police force as defined in section 3(3) of the Prosecution of
Offences Act 1985.
Criminal Procedure and Investigations Act 1996 (section 23(1))
3.1
3.2
3.3
3.4
3.5
3.6
General responsibilities
The functions of the investigator, the officer in charge of an investigation and the
disclosure officer are separate. Whether they are undertaken by one, two or more
persons will depend on the complexity of the case and the administrative
arrangements within each police force. Where they are undertaken by more than
one person, close consultation between them is essential to the effective
performance of the duties imposed by this code.
In any criminal investigation, one or more deputy disclosure officers may be
appointed to assist the disclosure officer, and a deputy disclosure officer may
perform any function of a disclosure officer as defined in paragraph 2.1.
The chief officer of police for each police force is responsible for putting in place
arrangements to ensure that in every investigation the identity of the officer in
charge of an investigation and the disclosure officer is recorded. The chief officer of
police for each police force shall ensure that disclosure officers and deputy
disclosure officers have sufficient skills and authority, commensurate with the
complexity of the investigation, to discharge their functions effectively. An individual
must not be appointed as disclosure officer, or continue in that role, if that is likely
to result in a conflict of interest, for instance, if the disclosure officer is the victim of
the alleged crime which is the subject of the investigation. The advice of a more
senior officer must always be sought if there is doubt as to whether a conflict of
interest precludes an individual acting as disclosure officer. If thereafter the doubt
remains, the advice of a prosecutor should be sought.
The officer in charge of an investigation may delegate tasks to another investigator,
to civilians employed by the police force, or to other persons participating in the
investigation under arrangements for joint investigations, but he remains
responsible for ensuring that these have been carried out and for accounting for
any general policies followed in the investigation. In particular, it is an essential part
of his duties to ensure that all material which may be relevant to an investigation is
retained, and either made available to the disclosure officer or (in exceptional
circumstances) revealed directly to the prosecutor.
In conducting an investigation, the investigator should pursue all reasonable lines
of inquiry, whether these point towards or away from the suspect. What is
reasonable in each case will depend on the particular circumstances. For example,
where material is held on computer, it is a matter for the investigator to decide
which material on the computer it is reasonable to inquire into, and in what manner.
If the officer in charge of an investigation believes that other persons may be in
possession of material that may be relevant to the investigation, and if this has not
been obtained under paragraph 3.5 above, he should ask the disclosure officer to
inform them of the existence of the investigation and to invite them to retain the
material in case they receive a request for its disclosure. The disclosure officer
should inform the prosecutor that they may have such material. However, the
officer in charge of an investigation is not required to make speculative enquiries of
other persons; there must be some reason to believe that they may have relevant
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3.7
44
4.2
43
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material. That reason may come from information provided to the police by the
accused or from other inquiries made or from some other source.
If, during a criminal investigation, the officer in charge of an investigation or
disclosure officer for any reason no longer has responsibility for the functions
falling to him, either his supervisor or the police officer in charge of criminal
investigations for the police force concerned must assign someone else to assume
that responsibility. That person's identity must be recorded, as with those initially
responsible for these functions in each investigation.
Recording of information
If material which may be relevant to the investigation consists of information which
is not recorded in any form, the officer in charge of an investigation must ensure
that it is recorded in a durable or retrievable form (whether in writing, on video or
audio tape, or on computer disk).
Where it is not practicable to retain the initial record of information because it forms
part of a larger record which is to be destroyed, its contents should be transferred
as a true record to a durable and more easily-stored form before that happens.
Negative information is often relevant to an investigation. If it may be relevant it
must be recorded. An example might be a number of people present in a particular
place at a particular time who state that they saw nothing unusual.
Where information which may be relevant is obtained, it must be recorded at the
time it is obtained or as soon as practicable after that time. This includes, for
example, information obtained in house-to-house enquiries, although the
requirement to record information promptly does not require an investigator to take
a statement from a potential witness where it would not otherwise be taken.
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5. Retention of material
(a) Duty to retain material
5.1 The investigator must retain material obtained in a criminal investigation which may
be relevant to the investigation. Material may be photographed, video-recorded,
captured digitally or otherwise retained in the form of a copy rather than the original
at any time, if the original is perishable; the original was supplied to the investigator
rather than generated by him and is to be returned to its owner; or the retention of
a copy rather than the original is reasonable in all the circumstances.
5.2 Where material has been seized in the exercise of the powers of seizure conferred
by the Police and Criminal Evidence Act 1984, the duty to retain it under this code
is subject to the provisions on the retention of seized material in section 22 of that
Act.
5.3 If the officer in charge of an investigation becomes aware as a result of
developments in the case that material previously examined but not retained
(because it was not thought to be relevant) may now be relevant to the
investigation, he should, wherever practicable, take steps to obtain it or ensure that
it is retained for further inspection or for production in court if required.
5.4 The duty to retain material includes in particular the duty to retain material falling
into the following categories, where it may be relevant to the investigation:
« crime reports (including crime report forms, relevant parts of incident report
books or police officers’ notebooks);
* custody records;
* records which are derived from tapes of telephone messages (for example, 999
calls) containing descriptions of an alleged offence or offender;
e final versions of witness statements (and draft versions where their content
differs from the final version), including any exhibits mentioned (unless these
have been returned to their owner on the understanding that they will be
produced in court if required);
¢ interview records (written records, or audio or video tapes, of interviews with
actual or potential witnesses or suspects);
« communications between the police and experts such as forensic scientists,
reports of work carried out by experts, and schedules of scientific material
prepared by the expert for the investigator, for the purposes of criminal
proceedings;
e records of the first description of a suspect by each potential witness who
purports to identify or describe the suspect, whether or not the description
differs from that of subsequent descriptions by that or other witnesses;
* any material casting doubt on the reliability of a witness.
5.5
5.6
(b)
57
5.8
5.9
5.10
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The duty to retain material, where it may be relevant to the investigation, also
includes in particular the duty to retain material which may satisfy the test for
prosecution disclosure in the Act, such as:
e information provided by an accused person which indicates an explanation for
the offence with which he has been charged;
* any material casting doubt on the reliability of a confession;
any material casting doubt on the reliability of a prosecution witness.
The duty to retain material falling into these categories does not extend to items
which are purely ancillary to such material and possess no independent
significance (for example, duplicate copies of records or reports).
Length of time for which material is to be retained
All material which may be relevant to the investigation must be retained until a
decision is taken whether to institute proceedings against a person for an offence.
If a criminal investigation results in proceedings being instituted, all material which
may be relevant must be retained at least until the accused is acquitted or
convicted or the prosecutor decides not to proceed with the case.
Where the accused is convicted, all material which may be relevant must be
retained at least until:
* the convicted person is released from custody, or discharged from hospital, in
cases where the court imposes a custodial sentence or a hospital order;
e six months from the date of conviction, in all other cases.
If the court imposes a custodial sentence or hospital order and the convicted
person is released from custody or discharged from hospital earlier than six
months from the date of conviction, all material which may be relevant must be
retained at least until six months from the date of conviction.
If an appeal against conviction is in progress when the release or discharge
occurs, or at the end of the period of six months specified in paragraph 5.9, all
material which may be relevant must be retained until the appeal is determined.
Similarly, if the Criminal Cases Review Commission is considering an application at
that point in time, all material which may be relevant must be retained at least until
the Commission decides not to refer the case to the Court.
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6. Preparation of material for prosecutor
(a) Introduction
6.1 The officer in charge of the investigation, the disclosure officer or an investigator
may seek advice from the prosecutor about whether any particular item of material
may be relevant to the investigation.
6.2 Material which may be relevant to an investigation, which has been retained in
accordance with this code, and which the disclosure officer believes will not form
part of the prosecution case, must be listed on a schedule. This process will differ
depending on whether the case is likely to be heard in the magistrates’ court or the
Crown Court.
(b) Magistrates’ Court
Anticipated Guilty pleas
6.3 If the accused is charged with a summary offence or an either-way offence that is
likely to remain in the magistrates’ court, and it is considered that he is likely to
plead guilty (e.g. because he has admitted the offence), a schedule or streamlined
disclosure certificate is not required. However, the Common Law duty to disclose
material which may assist the defence at bail hearings or in the early preparation of
their case remains, and where there is such material the certification on the Police
Report (MG5/SDF) must be completed. Where there is no such material, a
certificate to that effect must be completed in like form to that attached at the
Annex.
6.4 If, contrary to the expectation of a guilty plea being entered, the accused pleads
not guilty at the first hearing, the disclosure officer must ensure that the
streamlined disclosure certificate is prepared and submitted as soon as is
reasonably practicable after that happens.
Anticipated Not Guilty pleas
6.5 If the accused is charged with a summary offence or an either-way offence that is
likely to remain in the magistrates’ court, and it is considered that he is likely to
plead not guilty, a streamlined disclosure certificate must be completed in like form
to that attached at the Annex.
Material which may assist the defence
6.6 In every case, irrespective of the anticipated plea, if there is material known to the
disclosure officer that might assist the defence with the early preparation of their
case or at a bail hearing (for example, a key prosecution witness has relevant
previous convictions or a witness has withdrawn his or her statement), a note must
be made on the MGS (or other format agreed under the National File Standards).
The material must be disclosed to the prosecutor who will disclose it to the defence
if he thinks it meets this Common Law test.
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No undermining or assisting material and sensitive material — magistrates’
court cases
6.7
(c)
68
6.9
6.10
If there is no material which might fall to be disclosed as undermining the
prosecution case or assisting the defence, the officer should complete the
appropriate entry on the streamlined disclosure certificate. If there is any sensitive
unused material the officer should complete a sensitive material schedule (MG6D
or similar) and attach it to the prosecution file. In exceptional circumstances, when
its existence is so sensitive that it cannot be listed, it should be revealed to the
prosecutor separately.
Crown Court
For cases to be held in the Crown Court, the unused material schedules (MG6
series) are used.
The disclosure officer must ensure that a schedule is prepared in the following
circumstances:
e the accused is charged with an offence which is triable only on indictment;
e the accused is charged with an offence which is triable either way, and it is
considered that the case is likely to be tried on indictment.
Material which the disclosure officer does not believe is sensitive must be listed on
a schedule of non-sensitive material. The schedule must include a statement that
the disclosure officer does not believe the material is sensitive.
Way in which material is to be listed on schedule
6.11
6.12
6.13
(d)
6.14
For indictable only cases or either-way cases sent to the Crown Court, schedules
MG6 C, D and E should be completed to facilitate service of the MG6C with the
prosecution case, wherever possible. The disclosure officer should ensure that
each item of material is listed separately on the schedule, and is numbered
consecutively. The description of each item should make clear the nature of the
item and should contain sufficient detail to enable the prosecutor to decide whether
he needs to inspect the material before deciding whether or not it should be
disclosed.
In some enquiries it may not be practicable to list each item of material separately.
For example, there may be many items of a similar or repetitive nature. These may
be listed in a block and described by quantity and generic title.
Even if some material is listed in a block, the disclosure officer must ensure that
any items among that material which might satisfy the test for prosecution
disclosure are listed and described individually.
Sensitive material — Crown Court
Any material which is believed to be sensitive either must be listed on a schedule
of sensitive material or, in exceptional circumstances where its existence is so
sensitive that it cannot be listed, it should be revealed to the prosecutor separately.
If there is no sensitive material, the disclosure officer must record this fact on a
schedule of sensitive material, or otherwise so indicate.
1
Criminal Procedure and Investigations Act 1996 (section 23(1))
6.15
6.16
6.17
12
Subject to paragraph 6.16 below, the disclosure officer must list on a sensitive
schedule any material the disclosure of which he believes would give rise to a real
tisk of serious prejudice to an important public interest, and the reason for that
belief. The schedule must include a statement that the disclosure officer believes
the material is sensitive. Depending on the circumstances, examples of such
material may include the following among others:
e material relating to national security;
e material received from the intelligence and security agencies;
e material relating to intelligence from foreign sources which reveals sensitive
intelligence gathering methods;
e material given in confidence;
e material relating to the identity or activities of informants, or undercover police
officers, or witnesses, or other persons supplying information to the police who
may be in danger if their identities are revealed;
* material revealing the location of any premises or other place used for police
surveillance, or the identity of any person allowing a police officer to use them
for surveillance;
« material revealing, either directly or indirectly, techniques and methods relied
upon by a police officer in the course of a criminal investigation, for example
covert surveillance techniques, or other methods of detecting crime;
«¢ material whose disclosure might facilitate the commission of other offences or
hinder the prevention and detection of crime;
¢ material upon the strength of which search warrants were obtained;
¢ material containing details of persons taking part in identification parades;
e material supplied to an investigator during a criminal investigation which has
been generated by an official of a body concerned with the regulation or
supervision of bodies corporate or of persons engaged in financial activities, or
which has been generated by a person retained by such a body;
« material supplied to an investigator during a criminal investigation which relates
to a child or young person and which has been generated by a local authority
social services department, an Area Child Protection Committee or other party
contacted by an investigator during the investigation;
« material relating to the private life of a witness.
In exceptional circumstances, where an investigator considers that material is so
sensitive that its revelation to the prosecutor by means of an entry on the sensitive
schedule is inappropriate, the existence of the material must be revealed to the
prosecutor separately. This will apply only where compromising the material would
be likely to lead directly to the loss of life, or directly threaten national security.
In such circumstances, the responsibility for informing the prosecutor lies with the
investigator who knows the detail of the sensitive material. The investigator should
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act as soon as is reasonably practicable after the file containing the prosecution case
is sent to the prosecutor. The investigator must also ensure that the prosecutor is
able to inspect the material so that he can assess whether it is disclosable and, if
so, whether it needs to be brought before a court for a ruling on disclosure.
7.1
7.1A
7.1B
7.2
7.3
7.4
7.5
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Revelation of material to prosecutor
Certain unused material must be disclosed to the accused at Common Law if it
would assist the defence with the early preparation of their case or at a bail
hearing. This material may consist of items such as a previous relevant conviction
of a key prosecution witness or the withdrawal of support for the prosecution by a
witness. This material must be revealed to the prosecutor for service on the
defence with the initial details of the prosecution case.
In anticipated not guilty plea cases for hearing in the magistrates’ court the
disclosure officer must give the streamlined disclosure certificate to the prosecutor
at the same time as he gives the prosecutor the file containing the material for the
prosecution case.
In cases sent to the Crown Court, wherever possible, the disclosure officer should
give the schedules concerning unused material to the prosecutor at the same time
as the prosecution file in preparation for the first hearing and any case
management that the judge may wish to conduct at that stage.
The disclosure officer should draw the attention of the prosecutor to any material
an investigator has retained (including material to which paragraph 6.16 applies)
which may satisfy the test for prosecution disclosure in the Act, and should explain
why he has come to that view.
At the same time as complying with the duties in paragraphs 7.1 and 7.2, the
disclosure officer must give the prosecutor a copy of any material which falls into
the following categories (unless such material has already been given to the
prosecutor as part of the file containing the material for the prosecution case):
« information provided by an accused person which indicates an explanation for
the offence with which he has been charged;
any material casting doubt on the reliability of a confession;
any material casting doubt on the reliability of a prosecution witness;
* any other material which the investigator believes may satisfy the test for
prosecution disclosure in the Act.
If the prosecutor asks to inspect material which has not already been copied to
him, the disclosure officer must allow him to inspect it. If the prosecutor asks for a
copy of material which has not already been copied to him, the disclosure officer
must give him a copy. However, this does not apply where the disclosure officer
believes, having consulted the officer in charge of the investigation, that the
material is too sensitive to be copied and can only be inspected.
If material consists of information which is recorded other than in writing, whether it
should be given to the prosecutor in its original form as a whole, or by way of
relevant extracts recorded in the same form, or in the form of a transcript, is a
matter for agreement between the disclosure officer and the prosecutor.
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Criminal Procedure and Investigations Act 1996 (section 23(1))
8.1
8.2
8.3
9.1
14
Subsequent action by disclosure officer
At the time when a streamlined disclosure certificate is prepared for magistrates’
court cases, or a schedule of non-sensitive material is prepared for Crown Court
cases, the disclosure officer may not know exactly what material will form the case
against the accused. In addition, the prosecutor may not have given advice about
the likely relevance of particular items of material. Once these matters have been
determined, the disclosure officer must give the prosecutor, where necessary, an
amended certificate or schedule listing any additional material:
e which may be relevant to the investigation,
« which does not form part of the case against the accused,
¢ which is not already listed on the schedule, and
« which he believes is not sensitive,
unless he is informed in writing by the prosecutor that the prosecutor intends to
disclose the material to the defence.
Section 7A of the Act imposes a continuing duty on the prosecutor, for the duration
of criminal proceedings against the accused, to disclose material which satisfies
the test for disclosure (subject to public interest considerations). To enable him to
do this, any new material coming to light should be treated in the same way as the
earlier material.
In particular, after a defence statement has been given, or details of the issues in
dispute have been recorded on the effective trial preparation form, the disclosure
officer must look again at the material which has been retained and must draw the
attention of the prosecutor to any material which might reasonably be considered
capable of undermining the case for the prosecution against the accused or of
assisting the case for the accused; and he must reveal it to him in accordance with
paragraphs 7.4 and 7.5 above.
Certification by disclosure officer
The disclosure officer must certify to the prosecutor that, to the best of his
knowledge and belief, all relevant material which has been retained and made
available to him has been revealed to the prosecutor in accordance with this code.
He must sign and date the certificate. It will be necessary to certify not only at the
time when the schedule and accompanying material is submitted to the prosecutor,
and when relevant material which has been retained is reconsidered after the
accused has given a defence statement, but also whenever a schedule is
otherwise given or material is otherwise revealed to the prosecutor.
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10. Disclosure of material to accused
10.1 Other than early disclosure under Common Law, in the magistrates’ court the
streamlined certificate at the Annex (and any relevant unused material to be
disclosed under it) must be disclosed to the accused either:
« atthe hearing where a not guilty plea is entered, or
* as soon as possible following a formal indication from the accused or
representative that a not guilty plea will be entered at the hearing.
10.1A If material has not already been copied to the prosecutor, and he requests its
disclosure to the accused on the ground that:
« it satisfies the test for prosecution disclosure, or
«the court has ordered its disclosure after considering an application from the
accused,
the disclosure officer must disclose it to the accused.
10.2 If material has been copied to the prosecutor, and it is to be disclosed, whether it is
disclosed by the prosecutor or the disclosure officer is a matter of agreement
between the two of them.
10.3 The disclosure officer must disclose material to the accused either by giving him a
copy or by allowing him to inspect it. If the accused person asks for a copy of any
material which he has been allowed to inspect, the disclosure officer must give it to
him, unless in the opinion of the disclosure officer that is either not practicable (for
example because the material consists of an object which cannot be copied, or
because the volume of material is so great), or not desirable (for example because
the material is a statement by a child witness in relation to a sexual offence).
10.4 If material which the accused has been allowed to inspect consists of information
which is recorded other than in writing, whether it should be given to the accused in
its original form or in the form of a transcript is a matter for the discretion of the
disclosure officer. If the material is transcribed, the disclosure officer must ensure
that the transcript is certified to the accused as a true record of the material which
has been transcribed.
10.5 If acourt concludes that an item of sensitive material satisfies the prosecution
disclosure test and that the interests of the defence outweigh the public interest in
withholding disclosure, it will be necessary to disclose the material if the case is to
proceed. This does not mean that sensitive documents must always be disclosed
in their original form: for example, the court may agree that sensitive details still
requiring protection should be blocked out, or that documents may be summarised,
or that the prosecutor may make an admission about the substance of the material
under section 10 of the Criminal Justice Act 1967.
15
Criminal Procedure and Investigations Act 1996 (section 23(1))
Annex
1. FOR USE IN GAP CASES AT 18" HEARING WHERE THERE IS NOTHING TO
DISCLOSE PURSUANT TO R v DPP ex parte LEE
URN: Defendant: First Name Last Name
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In accordance with Common Law I certify that to the best of my knowledge and belief
there is no relevant unused material that might reasonably assist the defence with the
early preparation of their case or at a bail hearing.
Reporting Officer Name
SIGNATURE
Date
2. FOR USE IN ALL NGAP CASES AT 18" HEARING WHERE THERE IS NOTHING
TO DISCLOSE
URN: Defendant: First Name Last Name
SCHEDULE OF NON-SENSITIVE UNUSED MATERIAL —
NOT FOR DISCLOSURE
Zz
9°
Police use CPS use
(Brief description of materials)
out in the CPIA
1996, I am
satisfied from the
in this schedule
that the items in
question are
clearly not
disclosable.
alolol[Nlo[alafo[ny=
Having applied the
disclosure tests set
descriptions listed
16
POL00124106
POL00124106
Criminal Procedure and Investigations Act 1996 (section 23(1))
Disclosure Officer’s Certification
I certify —
e that any relevant unused material has been recorded and
retained in accordance with the CPIA 1996 Code of Practice (as
amended),
¢ that such material as is non-sensitive is shown on the schedule
above,
e and that to the best of my knowledge and belief there are no
items shown in the schedule that might reasonably undermine
the prosecution case, or, so far as it is apparent, assist the
defence with the early preparation of their case or at a bail
CPS Prosecutor
hearing. Name
Disclosure Officer Name
SIGNATURE:
SIGNATURE:
Date Date
3. FOR USE IN ALL NGAP CASES AT 18" HEARING WHERE THERE ARE SOME
ITEMS TO DISCLOSE
URN: Defendant: First Name Last Name
SCHEDULE OF NON-SENSITIVE UNUSED MATERIAL
No. Police use
CPS use
(Brief description of materials including those falling under
para.7.3 of the Code)
(Against each item
insert D for
disclose; I for
inspect; CND for
clearly not
disclosable)
elol[nlolalalol[rn]=
=
r—)
17
Criminal Procedure and Investigations Act 1996 (section 23(1))
Disclosure Officer’s Certification
I certify —
e that any relevant unused material has been recorded and
retained in accordance with the CPIA 1996 Code of Practice (as
amended)
e that such material as is non-sensitive is shown on the schedule
above,
« and that to the best of my knowledge and belief items...
in the schedule might reasonably undermine the prosecution
case, or assist the defence with the early preparation of their
case or at a bail hearing, because....
Disclosure Officer Name
SIGNATURE:
Date
18
POL00124106
POL00124106
CPS Prosecutor Name
SIGNATURE:
Date
POL00124106
POL00124106
POL00124106
POL00124106
BN 978-1-4741- 1485-1
\ I I
9 I ll
4