Disclosure Manual: Annex C1 - Sensitive Material and PII Applications Flowchart
Accessible version of Flowchart
You have: material obtained or generated during the course of an investigation
Step 1: Is the material relevant - Yes or No?
Answer is No: Consider disposal or return to owner
Answer is Yes: Go to Step 2
Step 2: Is the material sensitive - Yes or No?
Answer is No: Schedule on MG6C
Answer is Yes: Schedule on MG6D and then go to Step 3
Step 3: Does the material satisfy the disclosure test - Yes, No or Unable to determine?
Answer is Unable to determine: PII application and then go to Step 7
Answer is No: No further action but keep under continuous review
Answer is Yes: Go to Step 4
Step 4: Can the information be disclosed in full (while still protecting the important public interest)? Yes or No
Answer is Yes: Disclose
Answer is No: Go to Step 5
Step 5: Can summaries, extracts or edited versions be disclosed without causing unfairness to the defence? Yes or No
Answer is Yes: Disclosure Summary, extract or edited version
Answer is No: Go to Step 6
Step 6: Either:
- the prosecutor believe it is proper to argue that the public interest in withholding the material outweighs disclosure to the defence, or
- the prosecutor believes the public interest comes down in favour of disclosure (or discontinuance) but the police (ACC level) disagree then PII application and go to Step 7
Step 7: Refusal of the application (or subsequent appeal) is likely to result in the abandonment of the proceedings