Disclosure Manual: Chapter 12 - Applying the Disclosure Test
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance provides a detailed framework for prosecutors regarding the disclosure of evidence that may undermine the prosecution case or assist the defense. It emphasizes the need for a thoughtful approach to disclosure, taking into account various factors such as the nature of the case, the essential elements of the offence, and any explanations offered by the accused. Key categories of material that may be disclosable are outlined, alongside the procedural aspects of managing disclosure in criminal cases.
Key points
- Prosecutors must adopt a thoughtful approach to disclosure based on the specifics of each case.
- Material that could undermine the prosecution must be inspected and considered for disclosure.
- Certain categories of material are presumed to meet the disclosure test, but this is rebuttable.
- Disclosure decisions must consider both individual accused and co-accused cases separately.
- The prosecutor should lean towards disclosure unless the material is sensitive or clearly not disclosable.
Public-interest factors
- Fair trial rights of the accused
- The integrity of the justice system
- Ensuring transparency in prosecution processes
- Protecting the rights of victims and witnesses
- Preventing wrongful convictions
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.