24 Questions
What is the primary exemption to disclosure referred to?
Public Interest Immunity
What is the purpose of Public Interest Immunity (PII)?
To protect sensitive information from public disclosure
Who determines whether Public Interest Immunity (PII) should be upheld or not?
The court
What is the main reason for using Public Interest Immunity (PII) in serious crimes?
To protect informants in serious crimes
What is the purpose of disclosure exemptions?
To protect sensitive information from public disclosure
What is protected under Public Interest Immunity (PII)?
All of the above
What is the role of the court in relation to Public Interest Immunity (PII)?
To determine whether PII should be upheld or not
What is prevented from reaching the public domain under Public Interest Immunity (PII)?
Sensitive information
What is the requirement for obtaining material during an investigation?
There is no requirement for obtaining material during an investigation
Who is provided with the schedule when the information is classified as sensitive?
The prosecutor
What happens to material that does not support the defendant?
It does not warrant disclosure
What is the purpose of Section 6A of the CPIA 1996?
To require defense disclosure
What is the main concern when dealing with sensitive information?
Maintaining the confidentiality of private information
What is the main purpose of the disclosure process?
To disclose all material obtained during an investigation
Which of the following is an exemption to disclosure?
Section 56 IPA 2016
Which section of the CPIA 1996 deals with prosecution disclosure?
Section 3
What is the role of the Attorney General's Office in the disclosure process?
To provide guidance on disclosure exemptions
What is the purpose of disclosure exemptions?
To protect sensitive information from disclosure
When is a defense statement required under the CPIA 1996?
When the case is to be heard in crown court and prosecution has complied with Section 3
What happens to material that is deemed irrelevant to the investigation?
It is not reviewed or disclosed
What is the relationship between Section 6A and Section 3 of the CPIA 1996?
Section 3 is a prerequisite for Section 6A
What is the purpose of the HM Crown Prosecution Service Inspectorate 2020?
To inspect and monitor the disclosure process
Why is private information protected from disclosure?
To maintain the confidentiality of private information
What is the main benefit of the disclosure process?
To ensure a fair trial
Study Notes
Disclosure Exemptions
- Exemptions to disclosure exist, primarily on the grounds of public interest, referred to as Public Interest Immunity (PII).
- PII is used to prevent sensitive information from reaching the public domain.
- It can be used to protect informants in serious crimes.
Court's Role in PII
- The court determines whether PII should be upheld or if the evidence should be disclosed.
Sensitive Information
- When information is classified as sensitive, the schedule is only provided to the prosecutor.
- The prosecutor reviews the disclosure test.
CPIA 1996 and Defence Disclosure
- The CPIA 1996 covers defence disclosure under Section 6.
- A defence statement must be issued if the case is to be heard in crown court and prosecution has complied with Section 3 (disclosing relevant material).
Defence Statement Requirements
- There is no requirement for irrelevant material to be obtained or reviewed during the investigation.
- Material that does not support the defendant, whether natural or negative, does not warrant disclosure.
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