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or generated during the course of an investigation. The exception to this is
material seized during the course of a major investigation which has not been
examined due to its lack of immediate and apparent relevance to the
investigation. This falls outside the CPIA and is not ‘unused material’ but its
existence must be recorded on form MG11 with the appropriate caption, i.e.
‘the following material has not been examined by the investigator or
disclosure officer and is considered not to fall within the CPIA definition of
prosecution material’. If an item of unused material contains both sensitive
and non-sensitive material, it must be listed on the MG6C as being an ‘edited
version’ or ‘edited’ e.g. a pocket notebook entry containing both the personal
details of a witness and the circumstances of the arrest. Block out the
sensitive part (witness details) on a copy of the original with a dark marker
pen (never white correcting fluid). The original must never be marked. Do
not list the unedited version on the MG6D.
3. MG6D – The schedule of relevant sensitive material will not be disclosed to
the defence because it is not in the public interest to do so. You must state the
reason why the item should not be disclosed to the defence. For example,
details that identify an observation post must not be disclosed to the defence.
If there is no sensitive material in a case, endorse form MG6D to that effect
and submit it with the MG6C and MG6E. Where you think you have
material that is very sensitive, such as information from a covert human
intelligence source (CHIS), make contact with the prosecutor who will refer
you, as necessary, to the appropriate person for advice.
4. MG6E – Disclosure Officer’s Report. On the MG6E the following
information must be brought to the attention of the CPS: Material which
contains a first description of an offender (Para 7.3 CPIA Code of Practice);
or Material which might undermine the prosecution case or assist the defence.
The disclosure officer must record on the form the following: Whether the
undermining or descriptive information was originally listed on the MG6C or
MG6D the original item number from the MG6C or D. Briefly, the reason
for it being recorded on the MG6E, e.g. ‘Contains first description of
suspect’, or ‘May cast doubt on reliability of witness’.
The prosecutor must always inspect, view or listen to any material that could
reasonably be considered capable of undermining the prosecution case
against the accused or of assisting the case for the accused. The Disclosure
officer may need to consult with and allow the prosecutor to inspect the
retained material.
Failure to Disclose: -
Any party’s disclosure obligations are governed under the Civil Procedure
Rules require it to disclose documents which could be very detrimental to its
chances of success, but which the opponent may not know exists until
disclosure. This is an onerous obligation, much stricter than that in many
other jurisdictions and the extent of these obligations often takes litigants by
surprise. In order to ensure that parties comply fully and honestly with their
disclosure obligations, the rules provide for very serious consequences where
a party fails to comply with those obligations.
Firstly, making a false disclosure statement can potentially put the person
making the statement in contempt of court. Secondly, a party’s credibility