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Annex E - Disclosure Manual

Prosecution disclosure policy document


The Disclosure Policy Document

Doc No:

R v [Name]

PROSECUTION DISCLOSURE POLICY DOCUMENT

Prosecutor:

Disclosure officer:

Leading counsel:

Junior counsel:

Defendant:

This policy document is served to provide an open and transparent basis for disclosure decisions and to encourage disclosure discussions at an early stage for relevant non-sensitive material. (Relevant sensitive material satisfying the disclosure test will be handled in accordance with the Criminal Procedure and Investigations Act 1996 (as amended), the Code of Practice, and the Disclosure Manual). Any representations the defence wish to make on this policy document should be forwarded to the prosecutor at the earliest convenience. This document has been prepared by the prosecutor.

This policy document accompanies the schedule of non-sensitive material.

1. The Crown will apply the CPIA in discharging its disclosure obligations, including the duty for continuing review. Only unused material that requires to be disclosed under the CPIA 1996 will be disclosed.

2. Unless otherwise indicated all the material on the non-sensitive schedule has been inspected by the disclosure officer(s). It has also been inspected by CPS prosecutor/prosecuting advocate/disclosure counsel as evidenced on the endorsed schedule in accordance with the Disclosure Manual.

(If disclosure counsel has been instructed, the extent and scope of counsel's duties should be recorded here)

3. The following material has been inspected by utilising the following means:

i. Electronically stored data

This section should cover some or all of the following issues:

  • Identify the items of electronically stored data with reference to the non-sensitive schedule.
  • Set out the extent to which the material has been examined by the prosecution, and by whom e.g. investigator, disclosure officer, disclosure counsel etc.
  • Set out the method of examination e.g. through the use of software search tools or dip sampling. If particular key words have been used, these should be set out in full, save for those that may be sensitive. It may be appropriate to invite the defence to suggest additional key words.
  • Set out the extent to and method by which the defence will be given disclosure of material that satisfies the disclosure test.

ii. Video footage

This section should cover some or all of the following issues:

  • Identify the material with reference to the non-sensitive schedule.
  • Setting out the extent to which the material has been examined by the prosecution, and by whom e.g. investigator, disclosure officer, disclosure counsel etc.
  • Set out the method of examination.
  • Set out the extent to and method by which the defence will be given disclosure of material that satisfies the disclosure test.

iii. Linked investigations

This section should cover some or all of the following issues:

  • The reasons why the investigations are considered to be linked for the disclosure purposes
  • Whether there is an Operational Memorandum of Understanding or disclosure agreement between the investigators (see annexes F and G)
  • Set out what the prosecution believes its disclosure obligations to be in relation to material from linked investigations (e.g. is the material in any linked investigation prima facie considered to be CPIA-relevant? Should it included on the non-sensitive schedule and, if so, how? Are case summaries to be cross disclosed?)
  • Setting out the method by which these disclosure obligations will be discharged e.g. disclosure officer/counsel to examine all material.

iv. Other categories of material

4. The prosecution believe that the following third parties have relevant non sensitive material or information that might satisfy the disclosure test if it were in the hands of the prosecution:

The reason for this belief is ...

The type of relevant material is ...

The following steps have been taken to obtain this material:

If obtained, the material has been/will be reviewed in the following way:

  • inspection of material by disclosure officer/reviewing prosecutor/disclosure counsel
  • case summary provided to third party with request to disclose material that satisfies the disclosure test
  • other option

5. The Crown's understanding of the defence case is as follows: (if applicable, eg the defendant has raised his defence in interview).

If no such defence is evident then the whole paragraph can be removed and replaced by:

The Crown is complying with its duty of continuing review and on receipt of a defence case statement all relevant material will be reviewed by the prosecution team in accordance with the CPIA 1996.

6. Any other issues.

Signed ....................

Dated ....................

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