The use of keyword searches and other appropriate search tools has been validated for use across the criminal justice system (see R v R and Others 2015 EWCA Crim 1941 and the AG’s Guidelines). A proper use of focused keywords and word searches as well as documenting the digital strategy in a DMD is key to managing disclosure.

• Visual version of flowchart
• Accessible version of flowchart

Visual Flowchart

Accessible version of Flowchart

You have: material obtained or generated during the course of an investigation

• Arranging the Application
• Responsibility for Preparing the Application
• Contents of the written application
• The PII hearing

This additional guidance should be read in conjunction with Chapter 13 of this manual, 'Making a PII application'.  

Introduction

This note explains the procedures to be followed by the prosecution in seeking to obtain relevant material held by individuals and organisations that are regarded as third parties in criminal proceedings.

Examples of Unused Material that may be Created or Used during an Investigation

The protection of witnesses and other persons is placed on a statutory footing under Chapter 4 of the Serious Organised Crime and Police Act (SOCPA) 2005. Prosecutors, police, and other law enforcement agents should be aware of, and familiarise themselves with, the offences of disclosing information contained in Chapter 4 of SOCPA.

There may be other individuals who do not come under the scope of SOCPA, but who are included in a Protected Persons programme.

General

Information may be received that casts doubt on the competence and/or credibility of an expert witness. When this occurs, the disclosure implications need to be considered. Similarly, the methodology used by the expert may be discredited. Such information may render past convictions unsafe. In deciding whether action is needed in such cases, the overriding principle to be considered is public confidence in the integrity of the criminal justice system.

General

The test for disclosure of unused material is the same in relation to material generated by an expert as for all other types. If unused material relating to an expert witness is relevant, the police must reveal it to the prosecutor and, if the material meets the disclosure test, it must be disclosed to the defence, or a PII application made.