What is classed as sensitive material?
What is classed as sensitive material?
Sensitive material is any material that the disclosure officer believes is not in the public interest to disclose, and therefore attracts public interest immunity from disclosure.
What is prosecution material?
What is prosecution material? The term prosecution material has a wide meaning and covers both materials in physical possession of the prosecution and other materials which the prosecutor has been allowed to inspect. If no such material exists, the accused should be given a written statement to inform them of that.
What is relevant material in disclosure?
Relevant Material is defined in the Code of Practice as anything that appears to an investigator, or the officer in charge of an investigation or the disclosure officer to have some bearing on any offence under investigation or any person being Page 5 Protective marking – Official 5 investigated or on the surrounding …
What is a Preston briefing?
This is known as the ‘Preston’ process. Retained material is reviewed by the prosecutor and, where necessary, a relevant judge, and action can be taken to secure the fairness of the proceedings (for example by making an admission of fact).
What is unused material?
4.2 Unused material is relevant material that is not used as evidence. During the course of any investigation material is generated. Some of it is used as evidence and other material is not used. The material that is not used as evidence is known as unused material.
What is a PII application?
Public-interest immunity (PII), previously known as Crown privilege, is a principle of English common law under which the English courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest.
Is a defence statement compulsory?
Disclosure of unused material in criminal investigations Stage 2: commonly referred to as “Defence disclosure”: This is made by a defence statement (sometimes referred to as a “defence case statement”), which is mandatory in Crown Court cases and voluntary in magistrates’ court cases.
Does prosecution or defence go first?
The prosecution goes first, followed by the defense. Witness testimony – Each side can call witnesses and ask them questions about the case and/or the defendant. First, the prosecution calls their witnesses, who can then be cross examined by the defense.
Who decides the relevance of any disclosed material to a case?
The investigator will decide which items collected as part of an investigation are capable of having a bearing on any issue in the case. This is called applying the relevance test. Some material will be used in the prosecution and will be part of the case. Some will be irrelevant and have no bearing on the case at all.
What is the disclosure of evidence?
Disclosure of evidence refers to the process by which someone charged with a criminal offence is provided copies of, or access to, material from the investigation that is capable of undermining the prosecution case and/or assisting their defence. Disclosure has been the subject of scrutiny for over a decade.
What goes on MG6D?
11 The MG6D schedule should be used to reveal to the prosecutor the existence of relevant unused material which the officer believes is sensitive. The officer must state the reason for that belief. The MG6D is not disclosed to the defence. 2.3.
What is police unused material?
The material that is not used as evidence is known as unused material. Unused material is material that is relevant to the investigation but which does not actually form part of the case for the prosecution against the accused.
Which is the best definition of non disclosable information?
non-disclosable information means information which constitutes a trade secret; information privileged against introduction in judicial proceedings; internal communications of the several agencies; information concerning secret manufacturing processes or confidential data submitted by any person under the Act.
What is disclosure of unused material in criminal proceedings?
2. The CPIA, as amended by the CJA 2003, provides the statutory framework governing the disclosure of unused material in criminal proceedings. A Code of Practice made under Part II of the CPIA details how relevant material obtained in a criminal investigation is to be recorded, retained and revealed to the prosecutor.
When to disclose unused material under the CPIA?
If the CPIA does not specifically deal with a situation where disclosure is sought by the defence, common law principles may guide a court in deciding the extent of the prosecution duty to disclose unused material. If the defence argue that they are entitled to unused material in such a situation, you should contact Legal Adviser’s Office. 6.
Is there a common law duty to disclose unused material?
Some common law principles still underlie the CPIA disclosure regime. If the CPIA does not specifically deal with a situation where disclosure is sought by the defence, common law principles may guide a court in deciding the extent of the prosecution duty to disclose unused material.