Foreword
Disclosure is one of the most important issues in the criminal justice system . the application of proper and fair disclosure is a vital component of a fair criminal justice system. The "golden rule" is that fairness requires full disclosure should be made of all material held by the prosecution that weakens its case or strengthens that of the defence.
Lord Goldsmith, HM Attorney General
[There is a] need for very great care in handling the whole process of disclosure.
Lord Bingham, R v H and C, 2004
He who knows only his side of the case knows little of that.
John Stuart Mill, 1859
The scheme set out in the Criminal Procedure and Investigations Act 1996 as amended (the Act) and the revised Code of Practice issued under it (the Code) is designed to ensure that there is a fair system for the disclosure of unused material, which assists the defence in the timely preparation and presentation of its case, does not overburden the parties and enables the court to focus on all the important issues in the trial.
The operational instructions contained in this manual are designed to provide a practical guide to disclosure principles and procedures, building on the framework of the Act, the Code and the Attorney General's Guidelines. When properly applied, they will assist investigators and prosecutors to perform their disclosure duties effectively, fairly and justly, which is vitally important to the integrity of the criminal justice system and the way in which it is perceived by the public we serve.
This manual reflects the Prosecution Team approach to our respective disclosure obligations and is to be regarded as the authoritative guidance on practice and procedure for all police investigators and CPS prosecutors.
Ken Macdonald QC
Director of Public Prosecutions
Chief Constable, Devon and Cornwall
On behalf of the Association of Chief Police Officers
