Disclosure Code of Practice
Parliament has approved a revised Code of Practice under Section 23(1) of the Criminal Procedure and Investigations Act 1996 (CPIA). By virtue of SI 985/2005/ this Code, known as the Criminal Procedure and Investigations Act 1996 (S. 23(1)) Code of Practice, came into force on April 4, 2005.
The Code of Practice applies in respect of criminal investigations conducted by police officers in England and Wales which begin on or after April 4, 2005. The original CPIA Code of Practice will continue to apply to alleged and suspected offences into which a criminal investigation began between April 1, 1997 and April 3, 2005.
The revised Code sets out the manner in which police officers are to record, retain and reveal to the prosecutor material obtained in a criminal investigation and which may be relevant to the investigation, and related matters. As covered in the September 2004 edition of the Digest, many of the amendments to the Code have had to be made as a result of Part 5 of the Criminal Justice Act 2003 (CJA 2003). SI 950/2005 brought into force on April 4, 2005 numerous Sections of the CJA 2003.
The new Code of Practice contains a number of detailed changes, the main ones being:
u The obligation of the disclosure officer to consult the officer in charge of an investigation about sensitive material in every case, is replaced with a discretion to do so.
u Authorises the appointment of one
or more deputy disclosure officers
in an investigation to assist the
disclosure officer.
u Permits any material to be retained in the form of a copy, and the original to be disposed of,
where it is reasonable in all the circumstances. Under the old Code the police are under a duty to retain original material for the periods set out in the Code, unless it is perishable, is to be returned to its owner, or they are permitted to dispose of it under the provisions on the retention of seized material in Section 22 of the Police and Criminal Evidence Act 1984.
u Requires the disclosure officer to record the fact that there is no sensitive material on a schedule of sensitive material.
A copy of the code of practice is available at www.homeoffice.gov.uk/docs4/
disclosure_code_of_practice.html
Further guidance is also available from two further documents: the ACPO-CPS Joint Operational Instructions for the Disclosure of Unused Material, and the Attorney General`s Guidelines on Disclosure. Both documents are currently being revised to take account of the changes to the disclosure scheme made by the CJA 2003. The documents can be found via www.cps.gov.uk/publications/prosecution/ index.html and www.lslo.gov.uk/guidelines.htm