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Disclosure Manual: Chapter 13 - Making a PII Application

Plain-English digest of CPS prosecution guidance.

All CPS 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 It may omit detail or fall out of date.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 guidance outlines the procedures for making Public Interest Immunity (PII) applications to withhold sensitive evidence from disclosure in criminal cases. It describes the conditions under which such applications may be made, the types of cases involved, and the factors that prosecutors must consider to ensure fairness in trials. The document emphasizes that sensitive material should be disclosed where possible, and details the consultation process required between prosecutors and law enforcement officers.

Key points

  • Sensitive material must meet the disclosure test for consideration.
  • Prosecutors can either disclose material, seek to withhold it, or abandon the case based on public interest.
  • Three types of PII applications are defined by Criminal Procedure Rules.
  • Consultation with senior law enforcement is required before making PII applications.
  • A court hearing may be necessary to inform the court of sensitive material that does not meet disclosure tests.
  • Fairness requires that material weakening the prosecution's case be disclosed.

Public-interest factors

  • Prejudice to important public interests
  • Fairness in trials
  • Sensitivity of the material
Public Interest ImmunityDisclosureCriminal Procedure Rules
Read the full guidance on cps.gov.uk
Last reviewed: 21 October 2021 · Next review due: 21 April 2022

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.