Protocol between ACPO, CPS and the Media Agreed

The Crown Prosecution Service (CPS), the Association of Chief Police Officers (ACPO) and media representatives have agreed a protocol that sets out details of prosecution material that will normally be released to the media.

Guidelines had previously been issued by the CPS (covered in the November 2004 Digest) in relation to this subject.

The protocol document is intended to provide an open and accountable prosecution process by ensuring that, wherever possible, the media is given access to all relevant prosecution material.

It lists certain items of prosecution material which has been relied upon by the Crown in court, which should normally be released to the media, these include:

• Maps/photographs (including custody photos of defendants)/diagrams and other documents produced in court.

• Videos showing scenes of crime as recorded by police after the event.

• Videos of property seized (e.g. weapons, clothing as shown to jury in court, drug hauls or stolen goods).

• Sections of transcripts of interviews/statements as read out (and therefore reportable, subject to any orders) in court.

• Videos or photographs showing reconstructions of the crime.

• CCTV footage of the defendant, subject to any copyright issues.

A further list of prosecution material which may be released after consideration by the CPS in consultation with the police and relevant victims, witnesses and family members includes:

• CCTV footage or photographs showing the defendant and victim, or the victim alone, that has been viewed by jury and public in court, subject to any copyright issues.

• Video and audio tapes of police interviews with defendants, victims and witnesses.

• Victim and witness statements.

In cases where a guilty plea is accepted and the case does not proceed to trial, then all the above principles will apply. However in order to ensure that only material informing the decision of the court is published, material released to the media must reflect the prosecution case and must have been read out, or shown in open court, or placed before the sentencing judge.

In relation to disputes arising between the Criminal Justice agencies and the media concerning the disclosure of material or the principles or workings of this Protocol, details of the dispute will be referred for review to the CPS Head of Strategic Communications. Both the media and the criminal justice agencies will be then given the opportunity to make appropriate representations before a final decision is taken regarding disclosure of material and any applicable terms.

The protocol can be found in full at http://www.cps.gov.uk/publications/agencies/mediaprotocol.html