Advanced Search

Chapter 7: The Non-sensitive Material Schedule

7.1. Non-sensitive unused material should be described on the MG6C. This form will be disclosed to the defence.

7.2. In the description column of every schedule, each item should be individually described and consecutively numbered. Where continuation sheets are used or additional schedules sent in later submissions, item numbering must be consecutive to all items on earlier schedules.

7.3. Every description in non-sensitive schedules should be detailed, clear and accurate. Each should include a summary of the item's contents to allow the prosecutor to make an informed decision on whether it could satisfy the disclosure test. For example, it is not sufficient merely to refer to a document by way of a form number or function which may be meaningless outside the Police Service.

7.4. In cases where there are many items of a similar or repetitive nature (messages for example) it is permissible to describe them by quantity and generic title. However, inappropriate use of generic listing is likely to lead to requests from the prosecutor and the defence to see the items. This may result in wasted resources and unnecessary delay. The preparation of properly detailed schedules at this stage will save time and resources throughout the disclosure process, and will promote confidence in its integrity.

7.5. When items are described by generic titles or quantities, the disclosure officer must ensure that items which might meet the disclosure test are also described individually.

7.6. The disclosure officer should keep a copy of the schedules that are sent to the prosecutor, in case there are any queries that need to be resolved. A copy will also assist the disclosure officer to keep track of the items listed, should the schedules need to be updated.

7.7. Sometimes documents that fall to be disclosed under the CPIA 1996 because they contain material that satisfies the disclosure test may contain a mixture of sensitive and non-sensitive material. For example, a prosecution witness's address or personal telephone number may appear on an item that is otherwise entirely non-sensitive.

7.8. In these cases there may be no objection to the sensitive part being permanently blocked out on the copy document which is to be sent to the prosecutor. The original should not be marked in any way. The document should be described on the MG6C. (The unedited version should not be described on the MG6D, but made available to the prosecutor for inspection if required.) The prosecutor should be informed of the nature of the edited material, if not obvious, on the MG6. The disclosure officer should edit out issues of sensitivity whenever material is routinely revealed.

7.9. The responsibility to edit rests with the police but the prosecutor should be consulted where editing or separating is other than straightforward.

Top of page