Disclosure of Unused Material
Your duty to record, retain, review, and reveal material under the Criminal Procedure and Investigations Act 1996 — used and unused material, MG6C/D/E schedules, third-party material, PII and the common disclosure failures that collapse cases.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What is an investigating officer's duty under CPIA disclosure?
The prosecution has a legal duty to share material with the defence under the Criminal Procedure and Investigations Act 1996 (CPIA). Used material is evidence the prosecution relies upon at trial; unused material is material obtained during the investigation but not used as evidence, which may assist the defence or undermine the prosecution.
Every investigating officer has a duty to record all material obtained during the investigation, retain everything — even negative results — reveal it to the prosecutor via disclosure schedules, and review disclosure throughout the life of the case. The officer does not decide what is or isn't relevant; that is the CPS's job.
A reference to the officer's duty to record, retain, reveal and review material under the Criminal Procedure and Investigations Act 1996, the MG6C/D/E disclosure schedules, third-party material and Public Interest Immunity. It is educational reference, not tactical guidance — follow your force policy, training and current law.
What is Disclosure?
The prosecution has a legal duty to share material with the defence. This is governed by the Criminal Procedure and Investigations Act 1996 (CPIA).
There are two types of material:
The two categories of material under CPIA.
| Material type | Definition |
|---|---|
| Used material | evidence the prosecution relies upon at trial |
| Unused material | material obtained during investigation but not used as evidence, which may assist the defence or undermine the prosecution |
Officer's Duty
Every investigating officer has a duty to:
Record
all material obtained during the investigation
Retain
everything — even negative results (e.g., CCTV checked but nothing found)
Reveal
all material to the prosecutor via disclosure schedules
Review
disclosure throughout the life of the case
MG Forms (Disclosure Schedules)
| Form | Purpose |
|---|---|
| MG6C | Non-sensitive unused material schedule. Lists all unused material that is not sensitive. Disclosed to defence. |
| MG6D | Sensitive material schedule. Lists material that would not be in the public interest to disclose (informant identities, surveillance methods, undercover operations). NOT disclosed to defence — reviewed by CPS. |
| MG6E | Disclosure officer's report. Your assessment of unused material and why it may or may not undermine the prosecution or assist the defence. |
Third-Party Material
Material held by organisations outside the police that may be relevant:
- Social services records (child protection, adult safeguarding)
- Medical records (GP, hospital, mental health)
- School records (attendance, safeguarding concerns)
- Local authority records (housing, benefits)
- Probation/prison records
You must make reasonable enquiries to identify third-party material. You cannot force disclosure but must record all attempts made.
PII (Public Interest Immunity)
Some material is so sensitive that disclosure would harm the public interest:
- Informant/CHIS identities
- Surveillance methods and capabilities
- Undercover officer details
- National security material
CPS applies to the court ex parte (without defence present) for a PII ruling. The judge decides whether disclosure would cause more harm than withholding.
Common Disclosure Failures
These failures have caused cases to collapse:
- Late disclosure — most common complaint from defence solicitors
- Incomplete schedules — missing items from MG6C/D
- Lost or destroyed material — CCTV overwritten, notes discarded
- Not recording negative enquiries — if you checked CCTV and found nothing, record it
- Failing to review after defence case statement
- Digital material — phone downloads not properly scheduled
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Criminal Procedure and Investigations Act 1996, section 3 — initial duty of prosecutor to disclose
The initial disclosure duty and the test for unused material capable of undermining the prosecution or assisting the defence.
Last checked: August 2026 - Verify on official source
Criminal Procedure and Investigations Act 1996, section 7A — continuing duty of prosecutor to disclose
The continuing duty to review disclosure throughout the life of the case.
Last checked: August 2026 - Verify on official source
Criminal Procedure and Investigations Act 1996, section 23 — code of practice
The statutory basis for the CPIA Code of Practice, which sets the officer's duty to record, retain and reveal material.
Last checked: August 2026
Frequently asked
- What are MG6C, MG6D and MG6E?
- MG6C is the non-sensitive unused material schedule, disclosed to the defence. MG6D is the sensitive material schedule (informant identities, surveillance methods, undercover operations), not disclosed to the defence and reviewed by CPS. MG6E is the disclosure officer's report — the officer's assessment of unused material and why it may or may not undermine the prosecution or assist the defence.
- What third-party material must an officer consider for disclosure?
- Material held by organisations outside the police that may be relevant, including social services records, medical records, school records, local authority records, and probation/prison records. The officer must make reasonable enquiries to identify it and record all attempts made; disclosure cannot be forced from a third party.
- What is PII (Public Interest Immunity)?
- PII applies to material so sensitive that disclosure would harm the public interest — informant/CHIS identities, surveillance methods and capabilities, undercover officer details, and national security material. The CPS applies to the court ex parte (without the defence present) for a PII ruling, and the judge decides whether disclosure would cause more harm than withholding it.