Investigation Policy
Page 1
DISCLOSURE OF UNUSED MATERIAL - CRIMINAL PROCEDURES AND
INVESTIGATIONS ACT 1996 CODES OF PRACTICE
1.
PURPOSE
The aim of this policy is to ensure that Security Managers know and understand the Investigation
Procedures in relation to the Disclosure of Unused Material as described in the Criminal Procedures
and Investigations Act 1996 Codes of Practice, which must be adhered to by all Consignia staff
undertaking investigations.
2.
LINK TO ACCOUNTABILITIES
Security Managers
3.
POLICY
3.1
INTRODUCTION
•
The rules relating to the disclosure of unused material to the Defence are laid down in the
Criminal Procedures and Investigations Act 1996.
•
In light of the Human Rights Act 1998 the Attorney General has issued new Guidelines on the
disclosure of unused material. The Guidelines clarify the responsibilities of Investigators,
Disclosure Officers, Prosecutors and Defence Practioners.
•
A criminal investigation is defined by the Code as an investigation with a view to it being ascertained
whether a person should be charged with an offence or whether a person charged with an offence is
guilty of it. This will include:-
(i)
Investigations into crimes that have been commit ed.
(ii)
Investigations whose purpose is to ascertain whether a crime has been committed, with a
view to the possible institution of criminal proceedings and
(iii) Investigations which begin in the belief that a crime may be committed, for
example observations from the watching gal ery, or by CCTV or covert
camera with a view to the possible institution of criminal proceedings.
The Guidelines relating to Prosecutors and Prosecution Advocates are included to ensure Investigators
understand the role played by both those parties in the Procedures.
3.2
GENERAL PRINCIPLES
Investigators and Disclosure Officers
•
An Investigator is a person involved in the conduct of a criminal investigation involving Consignia.
Al Investigators have a responsibility for carrying out the duties imposed on them under this Code,
including in particular recording information, and retaining records of information and other material.
•
Investigators and Disclosure Officers must be fair and objective and must work together with
prosecutors to ensure that disclosure obligations are met. A failure to take action leading to
proper disclosure may result in a wrongful conviction. It may alternatively lead to a successful
abuse of process argument or an acquittal against the weight of the evidence.
•
In discharging their obligations under the statute, code, common law and any operational
instructions, investigators should always err on the side of recording and retaining material where
they have any doubt as to whether it may be relevant. An example is the detail of every test,
Policy Title
Disclosure Of Unused Material, Criminal Procedures and Investigations Act 1996 Codes
of Practice
Version
1.0
Date
May 2001
Investigation Policy
Page 2
DISCLOSURE OF UNUSED MATERIAL - CRIMINAL PROCEDURES AND
INVESTIGATIONS ACT 1996 CODES OF PRACTICE
successful or otherwise, which must be revealed to Consignia Legal Services on forms CS006C
or CS006D and if necessary on CS006E. This also includes details of any test made to the
honesty of other members of staff during the course of the investigation. All written notes etc.
made during testing operations will need to be listed on the forms CS006C, CS006D and if
necessary on form CS006E.
•
The Disclosure Officer is the person responsible for examining material retained during an
investigation, revealing material to Legal Services during the investigation and any criminal
proceedings resulting from it, and certifying to Legal Services that he has done this. Normal y the
Investigator and the Disclosure Officer wil be the same person. In complex cases the Officer in
charge of an investigation may be separate from the Disclosure Officer. Any reference to the
Disclosure Officer wil therefore accordingly include the Investigator.
•
Disclosure Officers, or their deputies, must inspect, view or listen to all material that has been
retained by the Investigator, and the Disclosure Officer must provide a personal declaration to the
effect that this task has been done. The obligation does not apply, however, in the circumstances
where out of an abundance of caution, 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 or Disclosure Officer, and it is not intended to examine it, but the
material is nevertheless retained, its existence should be made known to the accused in general
terms at the primary stage and permission granted for its inspection by him or his legal advisers.
•
A Section 9 statement will be completed by the Investigating Officer or Disclosure Officer
describing the material by general category and justifying it not having been examined.
This statement will itself be listed as unused material and automatically disclosed to the
Defence.
•
In meeting the obligations in paragraph 6.9 and 8.1 of the Code, it is crucial that descriptions by
Disclosure Officers in non-sensitive schedules are detailed, clear and accurate. The descriptions
may require a summary of the contents of the retained material to assist the prosecutor to make
an informed decision on disclosure. The same applies to sensitive schedules, to the extent
possible without compromising the confidentiality of the information.
•
Disclosure Officers must specifically draw material to the attention of the Prosecutor for
consideration where they have any doubt as to whether it might undermine the prosecution case
or might reasonably be expected to assist the Defence disclosed by the accused.
•
Disclosure Officers must seek the advice and assistance of prosecutors when in doubt as to their
responsibility, and must deal expeditiously with requests by the prosecutor for further
information on material which may lead to disclosure.
•
An individual must not be appointed as Disclosure Officer, or continue in that role, if that is
likely to result in a conflict of interest, for instance, if the Disclosure Officer is the victim of the
alleged crime which is the subject of criminal proceedings. The advice of a more Senior Officer
must always be sought if there is doubt as to whether a conflict of interest precludes an individual
acting as the Disclosure Officer. If thereafter the doubt remains, the advice of a Prosecutor
should be sought.
PROSECUTORS GUIDELINES
•
Prosecutors must do all they can to facilitate proper disclosure.
Policy Title
Disclosure Of Unused Material, Criminal Procedures and Investigations Act 1996 Codes
of Practice
Version
1.0
Date
May 2001
Investigation Policy
Page 3
DISCLOSURE OF UNUSED MATERIAL - CRIMINAL PROCEDURES AND
INVESTIGATIONS ACT 1996 CODES OF PRACTICE
•
Prosecutors must be alert to the need to provide advice to Disclosure Officers on disclosure
issues and advise on disclosure procedure generally.
•
Prosecutors must review schedules prepared by Disclosure Officers thoroughly and be alert to the
possibility that material may exist which has not been revealed to them.
•
Where the Prosecutors have reason to believe the Disclosure Officer has not discharged his
obligation to inspect, view or listen to material they must request that it be done.
•
Where a Prosecutor believes that material might undermine the prosecution case or assist the
Defence case the Prosecutor must always inspect, view or listen to the material and satisfy
themselves that the Prosecution can properly be continued.
•
The Prosecutor should inform the Investigator if in their view reasonable and relevant lines of
enquiry further exist.
•
Prosecutors must ensure they record in writing all actions and decisions they make in discharging
their disclosure responsibilities.
•
Any doubts about what should be disclosed should be resolved in favour of disclosure.
PROSECUTION ADVOCATES
•
Prosecution Advocates must place themselves in a fully informed position to enable them to
make decisions on disclosure.
•
Upon receipt of instructions Prosecution Advocates should consider as priority all information
provided regarding disclosure.
•
Prosecution Advocate must continue to keep under review until the conclusion of the trial
decisions regarding disclosure.
•
Prior to commencement of a trial the Prosecuting Advocate should always make decisions on
disclosure in consultation with those instructing him and it is desirable that the Disclosure Officer
should also be consulted.
It is anticipated Prosecuting Counsel will in future take a far more robust approach to disclosure and
Investigators should be aware of the Prosecutors and Prosecution Advocates role in disclosure to
enable them to anticipate and prepare full schedules of disclosable material.
4.
Links to other reference material (policies, processes and procedures, etc.)
Title
Author
Located
Version
Type
Policy No.
4.1
Criminal Procedure &
Library
1996
Act
3.2/3.3/3.4
Investigations (Consignia
Appendix 10
3.2/3.3
Code of Practice)
4.2
Police & Criminal Evidence
1984
Act
3.4
(Section 78)
5.
Document details
5.1
Author :
5.2
Owner :
Head of Corporate Security
5.3
Audience:
Security Community
5.4
Enquiry point :
Programme Manager, Law & Legislation, Corporate Security,
4th Floor, Impact House, 2 Edridge Road, CROYDON, CR9 1PJ
Policy Title
Disclosure Of Unused Material, Criminal Procedures and Investigations Act 1996 Codes
of Practice
Version
1.0
Date
May 2001
Investigation Policy
Page 4
5.5
Effective from :
May 2001
5.6
Review date :
May 2002
5.7
Last updated :
6.
Assurance Details
6.1
Name
6.2
Business Unit
Legal Services, Corporate Security
6.3
Assurance Date
4th May 2001
7.
Final Review
7.1
Approved by
7.2
Documented (Hard Copy)
YES/NO Location:
7.3
“ (Electronic)
YES/NO Location:
Policy Title
Disclosure Of Unused Material, Criminal Procedures and Investigations Act 1996 Codes
of Practice
Version
1.0
Date
May 2001
