Disclosure And Relevancy

Question 1

What is “reasonable”?

Answer 1

This means rationale.. it is subject to the information you have at the time and a rationale must be provided to why you think the line of enquiry is/isn’t reasonable. This will record transparency and you may need to revisit it many times over the investigation.

Question 2

What is relevant?

Answer 2

1 offence
2 suspect
3 circumstances

Relevant materials to the enquiry will assist the investigation. This will be revealed to the production and has bearing on the above. Material isn’t relevant if it has no bearing on the case.

Question 3

What are the 4 R’s?

Answer 3

1 RECORD information in a durable or retrievable form with proper descriptions (writing, video, photo etc)

2 RETAIN material that may be relevant to an investigation

3 REVIEW the relevant material against the disclosure test and re-review when new information is received

4 REVEAL any material that may undermine the prosecution case and/or assist the defence

The duties of revelation under CPIA are not a specialism but a core function in an investigation.

Question 4

What is the criminal procedure and investigation ACT 1996?

Answer 4

Where we need to separate the materials/evidence for the case into what is relevant and what isn’t.

Question 5

What form is sensitive material recorded on?

Answer 5

An MG6D form

Question 6

What form is non sensitive material disclosed on?

Answer 6

SDC (streamline disclosure certificate) or an MG6C form

Question 7

What form is for disclosure material going to crown court?

Answer 7

MG6E form

Question 8

What PACE would you use to seize material?

Answer 8

Section 22 of the PACE act code B

Section 22 is retention
An item may be retained in order to establish its lawful owner, where there are reasonable grounds for belie being that it has been obtains in consequence of the commission of an offence.