The Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2020. This instrument seeks to introduce a revised code of practice that prescribes how police officers should disclose material to the prosecution during the course of a criminal investigation.

What is CPIA disclosure?

The CPIA, as amended by the CJA 2003, provides the statutory framework governing the disclosure of unused material in criminal proceedings. A Code of Practice made under Part II of the CPIA details how relevant material obtained in a criminal investigation is to be recorded, retained and revealed to the prosecutor.

When can an application under s 8 Criminal Procedures and Investigations Act 1996 Cpia for disclosure of prosecution material be made?

Section 8(2) CPIA provides that ‘If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him. ‘

Why was Cpia introduced?

The Criminal Procedure & Investigations Act 1996 (CPIA) came into effect on 1st April 1997and introduced a statutory framework for the disclosure of material to defendants which the prosecution did not intend to use as evidence in its case. This is known as unused material.

Who has a responsibility under the Criminal Procedure and Investigations Act 1996 to record retain and reveal material relevant to an investigation?

(a) Duty to retain material 5.1 The investigator must retain material obtained in a criminal investigation which may be relevant to the investigation.

What are the 5 principles of the investigative mindset?

The investigative mindset can be broken down into five principles:

  • Understanding the source of the material​
  • Planning and preparation​
  • Examination​
  • Recording and collation.
  • Evaluation.

What are investigative principles?

Good investigations are based on eight fundamental principles. Investigators must be as independent as possible. Investigators must be trained and experienced. All potentially relevant issues must be identified and, where appropriate, pursued. Investigations must be sufficiently resourced.

What does Criminal Procedure and Investigations Act 1996 do?

It 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.