CONFIDENTIAL
ROYAL MAIL GROUP SECURITY – PROCEDURES & STANDARDS
3.4
Where it is not practicable to retain possession of material relevant to the case, for example it forms part of a
larger record, then the custodian of the material should be informed of the existence of the investigation and
alerted of the need to retain the material in case they receive a request to disclose it. Details of the material in
possession of a third party should be recorded and revealed to the Prosecutor (CLT). If the relevant material
forms part of a larger record which is to be destroyed then the relevant material should be transferred as a true
record to a durable and more easily stored form before that happens.
3.5
If in Doubt Record. If there is any doubt about the relevance of material Investigators should err on the side of
retaining, recording and revealing.
3.6
Negative Information. Negative information is often relevant to an investigation and as such must be retained
recorded and revealed. Negative information may include;
1. GS024 Record of Test Items for tests which were dealt with correctly.
2. A CCTV camera that did not record the crime in a manner consistent with the prosecution case. (The
fact that a CCTV camera did not function or have a videotape loaded wil not usual y be considered
relevant negative information).
3. Finger-marks on postal packets that cannot be identified as belonging to the suspect.
3.7
Inspecting Material. Investigators or their deputies, must inspect, view or listen to al material that has been
retained and they must provide a personal declaration to that effect on the Disclosure Officers Report GS006E.
The obligation does not apply, however, in circumstances where Investigators seize large volumes of material,
which may not, because of its source, general nature or other reasons, seem likely ever to be relevant. In such
circumstances, the Investigator may consider that it is not an appropriate use of resources to examine such
large volumes of material seized on a precautionary basis. If such material is not examined by the Investigator
and it is not intended to examine it, but the material is nevertheless retained, its existence should be revealed
to the Prosecutor (CLT) in order that they can deal with Disclosure.
3.8
Revealing Unused Material & Identifying Material Which Meets the Disclosure Test. Al material relevant to
the investigation, which does not form part of the evidence in the case or is not otherwise disclosed, must be
revealed to the Prosecutor (CLT) by producing schedules. The “Unused Relevant Material” should be described
on either a “Schedule of Non-Sensitive Unused Material a GS006C”, (See section 6 below)
or a “Schedule of
Sensitive Unused Material a GS006D”, (See section 7 below). In addition to completing schedules GS006C &
GS006D Investigators should also complete the “Disclosure Officers Report GS006E” (see section 9 below). This
requires the Investigator to detail on the form any relevant material which they believe meets the “Disclosure
Test”. The Disclosure Test is;
could the material be reasonably considered capable of undermining the case for
the prosecution against the accused, or of assisting the case for the accused. Investigators should note that all
relevant material must be revealed to the Prosecutor, however not al relevant material wil meet the
disclosure test, which ultimately is decided upon by the prosecutor (CLT).
3.9
In making an objective assessment as to whether the relevant material meets the “Disclosure Test” the
Investigator can use the fol owing as a guide;
1. What has the defendant said by way of a defence in interview, or by way of prepared statement or
latterly in a defence statement.
2. Could use be made of the material in cross examination.
3. Has it the capacity to support submissions that could lead to:
a. The exclusion of evidence; or
b. A stay of proceedings; or
4. Does it suggest an explanation or partial explanation of the accused’s actions.
3.10
Investigators must seek the advice and assistance of the CLT when in doubt as to their responsibility and must
deal expeditiously with requests by the Prosecutor (CLT) for further information on material, which may lead to
disclosure.
Document Title:
Disclosure of Unused Material – CP&I Act 1996, Codes of Practice 2005
P&S Doc. Ref.:
Appendix 1 to P&S Committal/Trial Papers
Date:
July 2010
Owner:
