Requests For Research Facilities
Principle
The provision of facilities and materials to researchers and the media will raise complex and sensitive issues, which will include questions of confidentiality and privacy.
In light of the increasing volume of such requests, the possible sensitivity of some projects and the need to ensure that a consistent and prudent approach is adopted nationally, standard procedures have been adopted for handling such requests.
Guidance
Research Requests
The procedures set out below apply to all researchers who request access to CPS files, or to interview CPS staff, irrespective of the length of time during which they wish to visit CPS offices.
They do not apply to requests from individuals who simply wish to meet a representative of the CPS to discuss the Service in general or who have straightforward queries. Care should be taken, however, to ensure that visitors to the Service neither have access to CPS files nor are in a position to see papers of a sensitive nature. This includes manuals, Policy Circulars, Casework Bulletins, Inform entries and any other restricted documents. All members of the CPS who are involved in seeing visitors should bear in mind the need to ensure that security of documents is maintained at all times. Conversely, the Code for Crown Prosecutors is a public document and may be shown to visitors.
Documentary Makers
As a general rule the CPS wants to encourage the media to take an interest in the prosecutions of offenders. We should respond positively to approaches for interviews and briefings.
On rare occasions, we will be approached by production companies who wish to make a documentary about a major case. Such approaches are often made at a very early stage in an investigation and sometimes before a suspect is identified. The production company will usually wish to have access to investigators, prosecutors, witnesses and exhibits.
The decision to participate in such a documentary should be regarded as an exceptional event, which needs prior approval from Business Development Directorate.
Procedure
Research
All requests for research facilities (including those submitted by members of CPS staff) should be referred to the Communications Division contact before the Area agrees (even in principle) to offer those facilities.
Communications Division (CD) will consult Policy Directorate to decide whether or not the facilities requested (or a variation thereof) are to be offered, in principle, to the researcher.
Vetting and the Confidentiality Research Undertaking
In cases where facilities are to be offered, the researcher(s) will be required to complete and return to CD a copy of the NIS Vetting Enquiry, together with a Character Inquiry, Research Undertaking and Official Secrets Act form. The result of the NIS check will be made known to CD before formal agreement is given to the request for research facilities.
The relevant Chief Crown Prosecutor, or his or her nominee, will be advised whether the request for facilities has been granted and if so on what terms.
Arrangements for providing facilities will be made at local level.
The Chief Crown Prosecutor (or nominee) will advise the contact point in CD when the research project has been completed, and also tell the contact point about any matters arising from the grant of facilities to the researcher.
Should any CPS Area or Branch consider sponsoring its own research, CD must be consulted and give approval before any work is undertaken.
Documentary Makers
In deciding whether to approve such a request BDD will be guided by the following principles:
- A balance needs to be struck between acknowledging the legitimate public interest in the investigation and prosecution of major cases and the need to safeguard a fair trial and respect the privacy of individuals particularly victims and witnesses.
- Requests should only be granted to reputable production companies and broadcasters with a proven track record of discretion, confidentiality and reliability.
- Requests should always be seen in the context of an overall strategy for the media handling of serious cases. Such a strategy requires agreement between CPS and the police.
- If a request for access is granted a detailed written protocol will be required. The protocol must include clear undertakings on confidentiality, disclosure and respect for the privacy of complainants, victims and witnesses.
- No material will be disclosed to the production company without the voluntary agreement and written permission of the complainant, victim or witness concerned.
- No filming or interviews with CPS staff, complainants, victims or witnesses will take place without first obtaining the written consent of the individual concerned.
- It will never be appropriate to release videotapes or audio recordings of police interviews with defendants, suspects or witnesses or any other third parties.