Related Sector: Investigations. Who does it affect? This change in disclosure processes affects all investigators who have a duty to conduct investigations with a view to establishing whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it. This includes prosecution by way of summons or postal requisition. What are the main changes you need to know? The main revision is a streamlined procedure in summary cases that are expected to end in a guilty plea, so that a schedule of unused material need not be served in such cases.
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Access to this content is only available to subscribers. If you have an active subscription, please enter your details to log in. If you would like subscribe to Police Professional, please click here. Username or Email Address. Remember Me. To get the most from our network, tell us a little about your interests.
Job and news alerts can be sent according to your interest and other users will be able to see your selection. You can skip this section and sign up in your account at a later date. 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, The original CPIA Code of Practice will continue to apply to alleged and suspected offences into which a criminal investigation began between April 1, and April 3, 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.
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. 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 A copy of the code of practice is available at www.
Both documents are currently being revised to take account of the changes to the disclosure scheme made by the CJA The documents can be found via www. Subscribe Access to this content is only available to subscribers. Network To get the most from our network, tell us a little about your interests. May 19, By Keith Potter. Related News. Superintendents Metropolitan Police Service.
Important Changes to the CPIA ( Disclosure) Code of Practice
One of the most common reasons for a criminal case to be lost is a failure of the process relating to disclosure of unused material. If this happens the guilty go free and there can often be considerable reputational damage to the organisation who brought the prosecution. At the heart of every investigation is the obligation, in the CPIA and Code of Practice, to pursue all reasonable lines of enquiry whether these point towards or away from the suspect. In the early stages of the investigation it may not be clear whether an offence has been committed, whether a prosecution is likely to follow and whether material obtained may be used in evidence or will be unused. Following reasonable lines of enquiry and recording and retaining of relevant material requires considerable professional expertise. The distinction between evidential and unused material often only becomes apparent as the investigation progresses.