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Disclosure stages

Disclosure of unused material in criminal investigations

1. Where a criminal investigation began on or after 4 April 2005, disclosure to the defence takes place in the following stages:

  • Stage 1: Initial disclosure by the prosecution: This requires the prosecution to disclose any unused material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused.
  • Stage 2: commonly referred to as "Defence disclosure": This is made by a defence statement (sometimes referred to as a "defence case statement"), which is mandatory in Crown Court cases and voluntary in magistrates' court cases. The defence also have to disclose to the prosecutor and the court advance details of any witnesses they intend to call at a trial (see paragraph 14 below).
  • Stage 3: Continuing duty of disclosure by the prosecution: The prosecutor must keep under review throughout the criminal proceedings the question of whether there is material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused. This duty specifically arises following receipt of a defence statement and when details of the issues in dispute in a prosecution have been recorded on the effective trial preparation form.

The disclosure test

2. The initial disclosure test is an objective test. Material must be disclosed if it "might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused". What may assist the accused has to be objectively assessed from any available prosecution material, including what is said by the accused when questioned in interview by HSE and/or the police. The Guidelines (PDF) [166] on disclosure develop this further, stating that:

It should also be borne in mind that while items of material viewed in isolation may not be reasonably considered to be capable of undermining the prosecution case or assisting the accused, several items together can have that effect.

It includes material which has the capacity to be used in cross-examination, to support a defence application to stay the proceedings for abuse of process, to support submissions to exclude evidence or to show that a public authority has acted incompatibly with the accused rights under Human Rights legislation. Legal advice may be needed to enable a disclosure officer to assess whether material falls into any of these categories.

3. Some examples of material which may undermine the prosecution case or assist the defence are:

  • A witness statement which contradicts or casts doubt on other evidence on which HSE intends to rely
  • A notebook entry that is inconsistent with the investigator's final conclusions
  • A series of measurements of airborne solvent levels, one or more of which are significantly lower than the majority
  • A draft expert statement that indicates a formed view which conflicts wholly or partly with the final opinion
  • A draft witness statement which differs in a material particular from the final signed version

The disclosure officer identifies this material by listing it on the disclosure officer's report (for more details see the section on "Preparing the schedules[167]". It should be noted that several items considered together may have the effect of undermining the prosecution case or of assisting the defence, even if they would not satisfy the disclosure test when viewed individually.

4. If material does not meet the test for disclosure, there is no requirement to disclose it. Indeed, it is the prosecution's statutory responsibility to carry out disclosure in accordance with the CPIA regime. It is not acceptable to abdicate this responsibility by allowing the defence to inspect (or providing the defence with copies of) everything on the schedules of non-sensitive material, irrespective of whether the material satisfies the relevant test for disclosure.

5. For investigations commencing before 19 March 2015, initial disclosure should be carried out by the prosecutor as soon as reasonably practicable after a not guilty plea in the magistrates' court, or after sending or transfer of cases to the Crown Court. At the same time as disclosing material to the defence, or serving a statement that there is no such material to disclose, the prosecutor must also inform the court (Rule 22.2 Criminal Procedure Rules 2014 ("CPR").

  1. For investigations commencing on or after 19 March 2015, where the accused is charged with or summonsed for a summary offence or an either way offence which is likely to remain in the magistrates court, and it is considered that he is likely to plead not guilty, a streamlined disclosure certificate must be completed in the format provided in the revised Code[168].

HSE's Material and Evidence Management Tool (MEMT) can assist in the production of the schedules. The certificate, together with any disclosable material, must be served on the accused at the hearing where the not guilty plea is entered. If a guilty plea is expected, but the accused actually enters a not guilty plea, the disclosure officer must ensure that the certificate is completed as soon as reasonably practicable after the plea. If there is any sensitive material, the usual CP2 form should be used to reveal it to the prosecutor.

6. However the Guidelines require that prosecutors must always be alive to the need, in the interests of justice and fairness in the particular circumstances of any case, to make disclosure before the duty arises under the CPIA. This covers the situation where there is material known to the disclosure officer that may assist the defence with the early preparation of their case. The example given in the Code is where a key witness has previous convictions or where a witness has withdrawn a statement. In such cases, a note must be made in the investigation report (IMPACT: Evidential Factors: Section (ii): Lines of Defence and potential weaknesses in the prosecution case) and the material must be disclosed to the prosecutor. Therefore, for investigations commencing on or after 19 March 2015, if the accused is likely to plead guilty, a certificate that there is nothing to disclose under common law must still be completed, or appropriate disclosure given, if the accused is likely to plead not guilty, the appropriate material will be included in the streamlined disclosure certificate procedure.

Defence disclosure

7. Section 33 CJA 2003 inserted section 6A into the CPIA, requiring a defendant in all trials before the Crown Court to disclose details of their defence. It is a voluntary process in cases to be heard by magistrates.

8. Defence disclosure takes the form of a defence case statement. Both the Guidelines and the Protocol emphasise that defence engagement with the disclosure process should be "early and meaningful", and that the defence statement should be "clear and detailed". The Protocol states that judges should investigate inadequate defence statements and give appropriate warnings. The Protocol does also make it clear that judges should be similarly proactive in monitoring the prosecution process.

The defence statement should:

  • Set out the nature of the accused's defence, including any particular defences on which they intends to rely;
  • Indicate the aspects of the prosecution case with which the defendant takes issue;
  • Set out, in the case of each such matter, why they take issue with the prosecution;
  • Indicate any point of law (including any point as to the admissibility of evidence or an abuse of process) which they wish to take, and any authority on which they intend to rely for that purpose;
  • Give particulars of any alibi, including the name, address and date of birth of any witness who is able to give evidence in support of the alibi, or as many details as are known to the accused when the statement is given;
  • Provide any information in the accused's possession which might be of material assistance in identifying any such witness.

9. Whenever a defence solicitor provides a defence statement on behalf of an accused, it will be deemed to be given with the authority of the solicitor's client. Defence solicitors should ensure that statements are agreed with the defendant before being served. Best practice is that the accused should show agreement with the contents of the statement by signing it.

10. If the accused is a body corporate, anyone signing the statement should have written authorisation from the company to sign on its behalf.

11. A defence statement should be served on the prosecution and the court in accordance with the following time limits:

  • Compulsory disclosure (Crown Court): within a period expiring at the end of 28 days
  • Voluntary disclosure (Magistrates' court): within a period expiring at the end of 14 days

In these cases, the relevant period begins with the day on which the prosecutor complies or purports to comply with the duty of initial disclosure.

This time period can be extended by order of the court on the application of the accused and if it is satisfied it would be unreasonable for the accused to comply with the original time limit. Any application to extend the period must be made within the relevant period (14 or 28 days), specify the grounds on which it is made and the number of days extension applied for.

12. If the defence statement is inadequate, a disclosure officer and/or prosecutor will not be able to make a properly informed decision about whether any unused material that has not been disclosed might assist the defence case, or whether the investigator should undertake any further enquiries. In these circumstances, the disclosure officer can, via the prosecutor:

  • request more information; and
  • inform the defence that the inadequacy of the defence disclosure will be made known to the court.

It is also possible for the prosecution to apply to the trial judge to bring the inadequacy of the defence statement to their attention. This should be discussed with the prosecutor.

13. Following service of a defence statement, the defence may apply to the court for additional disclosure (pursuant to section 8 CPIA) if they have reasonable cause to believe that the prosecution holds material which it is required to disclose, but has not done so.

14. Section 34 of the 2003 Act inserted section 6C into the Criminal Procedure and Investigations Act 1996, requiring the defence to give the prosecutor and the court advance details ie name, address and date of birth of any witnesses they intend to call at a trial. This allows the prosecution to check, for example, whether the witness has any relevant previous convictions.

15. In certain circumstances the investigator may interview such witnesses if they consent (see the section on witness statements[169]) for further guidance.

16. These witness disclosure requirements are mandatory in both the Crown Court and the magistrates' court and apply to any case in which the accused pleads not guilty in the Magistrates Court on or any case which is sent to the Crown Court. The defence should comply in accordance with the following time limits:

  • Compulsory disclosure (Crown Court): within a period expiring at the end of 28 days
  • Voluntary disclosure (Magistrates' court): within a period expiring at the end of 14 days

In these cases, the relevant period begins with the day on which the prosecutor complies or purports to comply with the duty of initial disclosure.

The same provisions for extension of the time limit apply as for service of defence case statements.

17. Where the accused fails to comply with the witness disclosure requirement, the same sanctions will be available as for other defence disclosure failures (adverse comment by any party to the proceedings and adverse inference on the part of the court, but not committal for contempt of court).

Duty of continuing review and disclosure

18. Section 7A CPIA imposes on the disclosure officer and prosecutor a requirement to undertake a process of continual review throughout the prosecution process, applying the disclosure test to ensure whether additional disclosure is required. This must be done particularly on receipt of a defence statement and when details of the issues in dispute in a prosecution have been recorded on the effective trial preparation form. If this review reveals material which satisfies the disclosure test and has not previously been disclosed, the disclosure officer must identify it to the prosecutor by scheduling any material which is now considered relevant by adding to the original disclosure schedule on MEMT (and numbering accordingly), flagging up which items are additional and identifying any further material satisfying the disclosure test by listing it in a disclosure officer's report. If the prosecutor agrees that the material is disclosable, they must disclose it as soon as reasonably practical. If the prosecutor considers no such disclosure is required, s/he must give to the accused a written statement to that effect (for more details see "Preparing the schedules[170]").

19. This requirement extends to the continual review of unused material held by third parties, which may become potentially relevant because it might undermine the prosecution case/assist the defence at different stages of the prosecution process.

20. If you are unsure whether or not material should be disclosed, you should obtain advice by consulting the prosecutor, who will seek advice from prosecuting counsel as appropriate. You should also consult your line management chain as appropriate.

Material relevant to sentencing

21.Paragraph 71 of the Guidelines[171] make it clear that in all cases the prosecutor must consider disclosing material which is relevant to sentencing, for example information which might mitigate the seriousness of the offence or assist the accused to lay blame in whole or in part upon a co-accused or another person.

22. The interests of justice will also mean that material should continue to be considered post conviction. Any material which might cast doubt on the safety of a conviction should be brought to the attention of the prosecutor immediately.

23. The preparation of a Friskies schedule will assist in highlighting such material. However it may still be necessary to disclose more detailed material held by the prosecution that mitigates the seriousness of the offence or the accused's role in the offence.

Giving reasons

24. Throughout the disclosure process it is important that investigators, disclosure officers and prosecutors record their reasoning concerning disclosure decisions. This is necessary to ensure that there is good and consistent decision-making in the course of a prosecution.

25. Additionally it should be borne in mind that a decision not to disclose is subject to judicial review. In order to satisfy the High Court that a proper decision making process was undertaken, HSE will need to be able to defend the process by which the decision was made, as well as satisfying the court that the decision was proportionate. Such records may also be relevant if the defence makes a s8 application to the court for further disclosure.

Link URLs in this page

  1. Enforcementhttps://www.hse.gov.uk/enforce/index.htm
  2. Enforcement guidehttps://www.hse.gov.uk/enforce/Enforcementguide/index.htm
  3. Introductionhttps://www.hse.gov.uk/enforce/Enforcementguide/intro.htm
  4. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/index.htm
  5. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-intro.htm
  6. Order of collecting evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-order.htm
  7. Witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-witness.htm
  8. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-questioning.htm
  9. Admissibility of confessionshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-admissibility.htm
  10. Inferences from silencehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-inferences.htm
  11. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-intro.htm
  12. Evidence that may assist your investigationhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-evidence.htm
  13. Obtaining evidence using section 20 powershttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-obtaining.htm
  14. Preparing evidence for courthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-preparing.htm
  15. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-intro.htm
  16. The experthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-role.htm
  17. Site visitshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-sitevisits.htm
  18. The reporthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-report.htm
  19. At courthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-court.htm
  20. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-intro.htm
  21. Contract of employmenthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-contract.htm
  22. Specific categories of workershttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-specific.htm
  23. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-intro.htm
  24. Partnershipshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-partner.htm
  25. Companieshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-companies.htm
  26. Joint ventureshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-ventures.htm
  27. Limited liability partnershipshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-liability.htm
  28. Other defendantshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-defendants.htm
  29. Prosecution of foreign defendantshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-foreign.htm
  30. Insolvencyhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-insolvency.htm
  31. Prosecution of individualshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-individual.htm
  32. Proceeding against employees HSWA s7https://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-employees.htm
  33. Proceeding against Crown employeeshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-crown.htm
  34. Proceedings against director, manager, secretary or other similar officerhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-directors.htm
  35. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-intro.htm
  36. The prosecution reporthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-report.htm
  37. Approval of a proposed prosecutionhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-approval.htm
  38. Evidential stagehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-evidential.htm
  39. Public interest stagehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-public.htm
  40. Selection of charges and mode of trialhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-charges.htm
  41. Cautionshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-cautions.htm
  42. Enforcement against Crown bodieshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-enforcement.htm
  43. Recording reasonshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-recording.htm
  44. Pre-trialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/index.htm
  45. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-intro.htm
  46. Drafting informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-drafting.htm
  47. Legal referenceshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-legal.htm
  48. Sample informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-informations.htm
  49. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-intro.htm
  50. Criminal procedure ruleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-criminal.htm
  51. Jurisdictionhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-jurisdiction.htm
  52. Informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-information.htm
  53. Summonshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-summons.htm
  54. Initial details of the prosecution casehttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-advance.htm
  55. Information to assist the sentencing courthttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-sentencing.htm
  56. Preparation for guilty plea in the magistrates courthttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-preparation.htm
  57. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-intro.htm
  58. Written statementshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-written.htm
  59. Supplying statements to witnesseshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-witness.htm
  60. Supplying statements to the defencehttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-defence.htm
  61. Attendance of witnesseshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-attendance.htm
  62. Formal admissionshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-formal.htm
  63. Production of documentshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-production.htm
  64. Defendant's antecedentshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-defendant.htm
  65. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-intro.htm
  66. Key requirements of the CPIAhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-key.htm
  67. Investigations and relevant materialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-investigations.htm
  68. Disclosure stageshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-disclosure.htm
  69. Preparing the scheduleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-preparing.htm
  70. Approach to common categories of materialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-approach.htm
  71. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/index.htm
  72. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-intro.htm
  73. General principleshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-principles.htm
  74. Publicityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-publicising.htm
  75. Information which may be disclosedhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-information.htm
  76. Sensitive caseshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-sensitive.htm
  77. Reporting committal proceedingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-committal.htm
  78. Contempt of courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-contempt.htm
  79. Reporting and Publicity - Abuse of process at common lawhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-abuse.htm
  80. European Convention on Human Rights (ECHR) considerationshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-echr.htm
  81. Reporting the trialhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-trial.htm
  82. Defamation: libel and slanderhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-defamation.htm
  83. Breach of confidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-breach.htm
  84. Data protectionhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-data.htm
  85. Reporting and publicity - Freedom of informationhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-foi.htm
  86. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-intro.htm
  87. Court procedurehttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-courtprocedure.htm
  88. Plea before venue and allocationhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-mode.htm
  89. Discontinuing a prosecutionhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-discontinue.htm
  90. The hearinghttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-hearing.htm
  91. Objections and adjournmentshttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-objections.htm
  92. Contested cases - not guilty pleashttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-contested.htm
  93. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-intro.htm
  94. Trial processhttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-trial.htm
  95. Proving the offencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-prove.htm
  96. Key rules of evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-key.htm
  97. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-intro.htm
  98. Witnesses giving evidence in courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-witnesses.htm
  99. Exclusion of evidence in courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-exclusion.htm
  100. Use of inadmissible confessionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-confessions.htm
  101. Physical evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-intro.htm
  102. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-intro.htm
  103. Exhibiting evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-exhibiting.htm
  104. Public documentshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-public.htm
  105. Proof of convictionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-proof.htm
  106. Sound and videotape recordingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-sound.htm
  107. Photographs, sketches and modelshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-photos.htm
  108. Maps and planshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-maps.htm
  109. Real evidence (material objects)https://www.hse.gov.uk/enforce/Enforcementguide/court/physical-real.htm
  110. Computer evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-computer.htm
  111. Expert reportshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-expert.htm
  112. Depositionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-depositions.htm
  113. Written witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-written.htm
  114. Records required by statutory provisionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-statutory.htm
  115. Continuityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-continuity.htm
  116. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-intro.htm
  117. Rule against hearsayhttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-rule.htm
  118. Exceptions to the hearsay rulehttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-exceptions.htm
  119. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-intro.htm
  120. What is abuse of process?https://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abuseprocess.htm
  121. Delayhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-delay.htm
  122. Double jeopardyhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-double.htm
  123. Breach of promisehttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-breach.htm
  124. Loss of evidence / failure to disclose unused materialhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-loss.htm
  125. Investigative improprietyhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-investigative.htm
  126. Pre-trial publicityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-pretrial.htm
  127. In magistrates' courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abusemagistrates.htm
  128. Abuse of process in the Crown Courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abusecrown.htm
  129. What to do if abuse is claimedhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abuseclaimed.htm
  130. Recording decisionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-decisions.htm
  131. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-intro.htm
  132. Preparing for sentencing hearingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-preparing.htm
  133. The sentencing hearing and imposing the sentence https://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-hearing.htm
  134. Penaltieshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-penalties.htm
  135. Costshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-costs.htm
  136. Model exampleshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-examples.htm
  137. Crown courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-intro.htm
  138. Allocation Procedurehttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-committal.htm
  139. At the Crown Courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-court.htm
  140. Committal for sentencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-sentence.htm
  141. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-intro.htm
  142. Prosecution rights of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-prosecution.htm
  143. Defence rights of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-defence.htm
  144. Rights of appeal for both partieshttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-both.htm
  145. Appeals to European courtshttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-european.htm
  146. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/index.htm
  147. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-intro.htm
  148. Conditions for a valid noticehttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-conditions.htm
  149. Types of noticehttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-types.htm
  150. Drafting noticeshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-drafting.htm
  151. Service of noticeshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-service.htm
  152. Failure to complyhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-failure.htm
  153. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-intro.htm
  154. Employment tribunals - Jurisdiction of the tribunalhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-jurisdiction.htm
  155. Notice of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-appeal.htm
  156. Preparation for the hearinghttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-preparation.htm
  157. Employment tribunal hearingshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-employment.htm
  158. Tribunal decisionhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-tribunal.htm
  159. Challenging tribunal decisionshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-challenges.htm
  160. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/index.htm
  161. Introduction to the work related deaths sectionhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/intro.htm
  162. Investigation of work related deathshttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/investigation.htm
  163. Coroner Inquestshttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/chronology.htm
  164. The coronerhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/coroner.htm
  165. Enforcement guide Site maphttps://www.hse.gov.uk/enforce/Enforcementguide/sitemap.htm
  166. Guidelineshttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262994/AG_Disclosure_Guidelines_-_December_2013.pdf
  167. Preparing the scheduleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-preparing.htm
  168. revised Codehttps://www.gov.uk/government/publications/criminal-procedure-and-investigations-act-code-of-practice
  169. witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-witness.htm
  170. Preparing the scheduleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-preparing.htm
  171. Guidelineshttps://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure-2013
  172. Register of convictions and noticeshttps://www.hse.gov.uk/enforce/convictions.htm
  173. Enforcement policy statementhttps://www.hse.gov.uk/enforce/enforcepolicy.htm
  174. Enforcement management modelhttps://www.hse.gov.uk/enforce/assets/docs/emm.pdf
  175. List of Specialist Regulatory Advocateshttps://www.hse.gov.uk/enforce/assets/docs/regulatory-advocates.pdf

Glossary of abbreviations/acronyms on this page

CPIA
Criminal Procedure and Investigations Act

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Updated 2022-03-23