Disclosure Basics: Your Duties Under CPIA 1996

• Officers preparing disclosure schedules for court files
• Officers who want to understand their legal obligations under CPIA 1996
• Student officers and probationers learning about the disclosure process

1. 1

   Understand the legal framework

   The CPIA 1996, supported by the Attorney General's Guidelines on Disclosure and the Code of Practice under CPIA, places a duty on the police (as investigators) to record and retain all material obtained during an investigation, and to disclose material that might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the defence. This is not optional — it is a legal obligation.

2. 2

   Know your MG6 forms

   MG6B: the schedule of non-sensitive unused material. MG6C: the schedule of sensitive material (material whose disclosure might harm an informant, ongoing operation, or other protected interest). MG6D: the schedule of sensitive material you are claiming need not be disclosed. MG6E: the disclosure officer report, explaining the basis for decisions.

3. 3

   Schedule everything — used and unused

   Every item of material generated or obtained in the investigation must be scheduled — not just material you intend to use. Unused material is often where disclosure failures occur. This includes: negative witness accounts, previous convictions or other relevant intelligence about key witnesses, interview records, CCTV that shows nothing significant, initial log entries.

4. 4

   Assess sensitivity carefully

   Sensitive material is material that should not routinely be disclosed to the defence — for example, material that would identify an informant or compromise an ongoing operation. Claiming sensitivity is not a way to avoid disclosure — a judge can examine sensitive material in a Public Interest Immunity (PII) application to decide whether it must be disclosed despite its sensitivity.

5. 5

   Your duty is ongoing

   Disclosure is not a one-off task done when the file is submitted. New material generated as the case progresses must be assessed for disclosure. If circumstances change — the defence serves details of their case — you must re-examine your material in that light. The duty continues until the conclusion of the case.

6. 6

   Work with your disclosure officer

   In larger cases, a specific disclosure officer is appointed. In smaller cases, the OIC (officer in charge) often performs disclosure duties. Whoever does it must have access to all material in the case. Disclosure failures frequently arise from incomplete or inaccessible material retention.

• Scheduling only the material you intend to use in court — all material must be scheduled
• Claiming sensitivity without a properly documented rationale
• Failing to update disclosure schedules as new material is obtained
• Not sharing all material with the disclosure officer — they cannot schedule what they do not know about
• Treating disclosure as an administrative box-ticking exercise rather than a legal obligation

Seek guidance from your DS, the CPS reviewing lawyer, or your force legal department if: you have material that you believe is both relevant and sensitive; you are unsure whether something meets the disclosure test; or the defence is claiming material should have been disclosed.