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Disclosure Manual: Annex C1 - Sensitive Material and PII Applications Flowchart

Refreshed: 21 October 2021|Legal Guidance

 

Visual Flowchart

Sensitive material and Public Interest Immunity (PII) Application 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

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