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Annex C - Disclosure Manual

Non-sensitive material letters and forms

 

DRS - Disclosure Record Sheet

NOT TO BE DISCLOSED

CROWN PROSECUTION SERVICE

DISCLOSURE RECORD SHEET

Page____of____

 

DEFENDANT: LAWYER:
CPS REF: CASEWORKER:
URN: COURT:
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
  • The purpose of this disclosure record sheet (DRS) is to provide a written record of all events and actions that occur in the discharge of prosecution disclosure responsibilities. It should not be sent to the defence.
  • The DRS should provide a clear record of what happens and when. It will record for example, the receipt of schedules from the police, the consideration by the prosecutor of the numbered items listed by the disclosure officer and all disclosure of material. It will show the date of receipt of any defence statement and the resulting actions taken by the prosecutor and support staff.
  • A single DRS should be completed in respect of sensitive and non-sensitive unused material.
  • The DRS should be readily accessible in a separate folder in the prosecution file.

The DRS should not be sent to the prosecution advocate, but should be made available for reference at all court hearings or conferences.

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C1 - Letter to defence where there is material to disclose

Specimen letter

Dear Sirs

R v ACCUSED'S NAME, COURT AND NEXT HEARING DATE

I am required to disclose to you any prosecution material which has not previously been disclosed, and which might reasonably be considered capable of undermining the case for the prosecution or of assisting the accused's case.

Attached to this letter is a copy of a [an additional] schedule of non-sensitive unused material. The disclosure officer in this case is (name)

Where the word 'evidence' appears alongside any item, the items listed on the schedule are intended to be used as part of the prosecution case. You will receive a written notice should the position change.

Where indicated, copies of the items listed are attached. Material marked as available for inspection can be viewed by arrangement with the disclosure officer.

[In addition, the following material not listed on the schedule is disclosed to you: (insert any non-scheduled material e.g. witness previous convictions or statements removed from the bundle of evidence)]

This material is disclosed to you in accordance with the provisions of the Criminal Procedure and Investigations Act 1996 (CPIA), and you must not use or disclose it, or any information recorded in it, for any purpose other than in connection with these criminal proceedings. If you do so without the permission of the court, you may commit an offence.

If you supply a written defence statement to me and to the court within 14 days, material any which has not been disclosed at this stage will be further reviewed.

A defence statement is required in Crown court cases. In magistrates' court cases, a defence statement is optional. In accordance with my continuing duty to consider disclosure, I will review the information you provide in the statement to identify any remaining material which has not already been disclosed. The statement will also be relied on by the court if you later make an application under section 8 CPIA. If you do not make a CPIA-compliant defence statement where one is required or provided, or do so late, the court may hear comment and/or draw an adverse inference.

It is essential that you preserve this schedule in its present form, as access to any material will only be granted upon its production to the disclosure officer.

Yours faithfully

delete as appropriate if disclosure served as part of continuing duty
Delete if defence statement already supplied

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C2 - Letter to defence where there is no material to be disclose

Specimen letter

Dear Sirs,

R v ACCUSED'S NAME, COURT AND NEXT HEARING DATE

I am required to disclose to you any prosecution material which has not previously been disclosed, and which might reasonably be considered capable of undermining the prosecution case against the accused or of assisting the case for the accused.

Attached to this letter is a [a further] copy of a schedule of non-sensitive unused material. The disclosure officer in this case is (name).

Where the word 'evidence' appears alongside any item, the items listed on the schedule are intended to be used as part of the prosecution case. You will receive a written notice should the position change.

At this stage, there is no [additional] prosecution material which requires disclosure to you.

If you supply a written defence statement to me and to the court within 14 days, any undisclosed material will be further reviewed in the light of that statement.

A defence statement is required in Crown court cases. In magistrates' court cases, a defence statement is optional. In accordance with my continuing duty, I will review the information you provide in the statement to identify any remaining material which has not already been disclosed The statement will also be relied on by the court if you later make an application under section 8 CPIA.

If you do not make a CPIA-compliant defence statement where one is required or provided, or do so late, the court may hear comment and/or draw an adverse inference.

Yours faithfully

Delete as appropriate
Delete if defence statement already supplied

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C3 - Memorandum to disclosure officer enclosing defence statement

Specimen memo

NB This is not a 'standard response' letter. Correspondence should always include freetext where appropriate to convey the issues relevant in each case.

TO:

R v ACCUSED'S NAME, URN, COURT AND NEXT HEARING DATE

I attach a copy of a defence statement on behalf of (name)

I am considering whether there is any further unused material that ought to be disclosed.

In the light of the defence statement, and all other relevant factors known to you please carry out a further review of the material listed on the MG6 schedules and in your possession, and consider whether there is any material, not already disclosed, 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 which has not been disclosed to the accused.

Please ensure that a copy of this defence statement is supplied to any deputy disclosure officer, and to any Forensic Service Provider as appropriate, together with instructions as to any further work required.

A: I look forward to receiving a further MG6E in response to this defence statement.

Or

B: I have written to the defence because the defence statement is inadequate (see my letter attached). Please complete your review as well as you are able and send a further MG6E in response to this defence statement.

FREETEXT: in either case, make observations or requests to the disclosure officer drawing specific attention to the issues raised in the defence statement. This should include advice on any reasonable enquiries to pursue or work required.

Please reply by (date)

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C4 - Letter to defence disclosing material at following a defence statement

Specimen letter

Dear Sirs,

R v ACCUSED'S NAME, COURT AND NEXT HEARING DATE

I have considered your defence statement dated (date). I am required to disclose to you any prosecution material which has not been previously disclosed and which might reasonably be considered capable of undermining the case for the prosecution or of assisting your case.

A copy of a schedule of non-sensitive unused material has already been sent to you. The items listed below fulfil that test. The numbers refer to the numbers on the schedule previously provided. Where indicated, copies of the items listed are attached. Material marked as available for inspection can be viewed by arrangement with the disclosure officer.

Item Description Copy Inspect
       
       
       
       

This material is disclosed to you in accordance with the provisions of the CPIA, and you must not use or disclose it, or any information recorded in it for any purpose other than in connection with these criminal proceedings. If you do so without the permission of the court, you may commit an offence.

If you have reasonable cause to believe that there is other prosecution material which might reasonably be considered capable of undermining the prosecution case or assisting your defence and which has not already been disclosed, please let me know and I will reconsider my decision in the light of any further information that you provide. Alternatively, you may apply to the court under section 8 CPIA.

It is essential that you preserve this letter in its present form, as access to any material will only be granted upon its production to the disclosure officer.

Yours faithfully

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C4a - Letter to defence where there is an inadequate defence statement

Specimen letter

NB This is not a 'standard response' letter. Communications should always include free text where appropriate to convey the issues relevant in each case.

Dear Sirs,

R v DEFENDANT'S NAME, COURT AND NEXT HEARING DATE

I acknowledge receipt of your defence statement dated (date), I am required to disclose to you any prosecution material which has not been previously disclosed and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused.

The defence statement you have submitted does not comply with the requirements of section 6A of the CPIA because it does not: (the letter should cite only those parts which are relevant; lists struck through are not appropriate):

  • set out the nature of the defence, including any particular defences on which the accused intends to rely,
  • indicate the matters of fact on which the accused takes issue with the prosecution,
  • set out, in the case of each such matter, why the accused takes issue with the prosecution, and
  • indicate the point of law (including any point as to the admissibility of evidence or an abuse of process) which the accused proposes to take, and any authority on which he intends to rely for that purpose
  • in relation to the alibi disclosed in the defence statement, provide particulars of
    • the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;
    • any information in the accused's possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned above are not known to the accused when the statement is given.

(FREETEXT: specify any further details for the reasons why the defence statement does not comply).

As a consequence, I may not be able to identify material that should be disclosed. Please therefore provide a CPIA-compliant defence statement. Failure to do so may lead to the court making an appropriate direction. [A copy of this letter has been sent to the court, for its information.]

Yours faithfully,

Optional - cc Clerk/Court Manager to the ( ) Court

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C5 - Letter to defence where there is no material to be disclosed following a defence statement

Specimen letter

Dear Sirs

R vACCUSED'S NAME, COURT AND NEXT HEARING DATE

I have considered your defence statement dated (date). In accordance with section 7A(5)(b) CPIA please accept this letter as notice that I consider that I am not required to make any further disclosure following its receipt.

If you have reasonable cause to believe that there is other prosecution material which might reasonably be considered capable of undermining the prosecution case or assisting your case and which has not already been disclosed, please identify it and notify me with your reasons.

Yours faithfully

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C6 - Memorandum to police enclosing MG6C

Specimen memo

TO:

R v ACCUSED'S NAME, URN, COURT AND NEXT HEARING DATE

I have reviewed the unused material in this case and return a copy of the MG6C endorsed with my review decisions [together with a copy of the letter sent to the defence]

Please ensure that the person appointed to supervise any access to unused material by the defence has a copy of the schedule.

delete as appropriate

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C7 - Letter to defence disclosing police misconduct material

Specimen letter

Dear Sirs

R v ACCUSED'S NAME, COURT AND NEXT HEARING DATE

DISCLOSURE: POLICE DISCIPLINARY PROCEDURES/CONVICTIONS

In accordance with section 3 of the Criminal Procedure and Investigations Act 1996 as amended, I write to inform you of the following matters relating to [name] who is a police officer/police support employee who has made a statement in this case.

  1. Current disciplinary finding of guilt: (Insert details of finding)
  2. Disciplinary matter not yet completed: (Insert nature and details of allegations)
  3. Criminal conviction/criminal caution/penalty notice for disorder: (Enclose printout)
  4. Criminal matter not yet completed: (Insert nature and details)
  5. Other: (Insert nature and details)

Please note that in accordance with the judgements in R v Edwards (1991) R v Guney (1998) and R v Zomparelli (unreported, CA 23 March 2000) the prosecution will object to any cross-examination of the officer based upon the information at (b) and (d) above, unless it can be shown to have substantial relevance to the issues in the case.

Yours faithfully

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C8 - Letter to defence disclosing material about an expert

Dear Sirs

R v ACCUSED'S NAME, COURT AND NEXT HEARING DATE

DISCLOSURE: EXPERT WITNESS FURTHER INFORMATION

In accordance with section 3 of the Criminal Procedure and Investigations Act 1996 as amended, I write to inform you of the following matters relating to [name] who is an expert witness who has made a statement in this case.

  1. Criminal conviction/criminal caution/penalty notice for disorder: (Enclose printout)
  2. Criminal or civil proceedings not yet completed: (Insert nature and details)
  3. Adverse judicial findings against expert: (Insert details of finding)
  4. Adverse findings by a professional or regulatory body: (Insert details of finding)
  5. Disciplinary proceedings, referrals or investigations pending: (Insert nature and details of allegations)
  6. Other: (Insert nature and details)

In disclosing the above, no concessions are made by the prosecution as to the extent to which this material may be deployed in cross-examination. This will be a matter for the trial judge to determine on the particular facts of this case.

Yours faithfully

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