The Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019

Statutory Instruments

2019 No. 933

Disclosure Of Information, England And Wales

Disclosure Of Information, Northern Ireland

The Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019

Made

13th May 2019

Laid before Parliament

15th May 2019

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the power conferred by section 24(1)(g) of the Criminal Appeal Act 1995(1).

Citation and commencement

1.  This Order may be cited as the Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019 and comes into force on the twenty-first day after the day on which it is laid.

Interpretation

2.  In this Order—

“the Commission” means the Criminal Cases Review Commission established by section 8(1) of the Criminal Appeal Act 1995, and

“the Panel” means the Daniel Morgan Independent Panel which was created by the Secretary of State on 10 May 2013.

Permitted disclosure

3.—(1) It is permitted for a member or an employee of the Commission to disclose information obtained by the Commission in the exercise of any of their functions to a member of the Panel.

(2) It is permitted for a member of the Commission to authorise the disclosure by an employee of the Commission of information obtained by the Commission in the exercise of any of their functions to a member of the Panel.

David Gauke

Secretary of State

Ministry of Justice

13th May 2019

EXPLANATORY NOTE

(This note is not part of the Order)

Section 23 of the Criminal Appeal Act 1995 (c. 35) provides that it is an offence for a person who is or has been a member or employee of the Criminal Cases Review Commission (“the Commission”) to disclose information obtained by the Commission in the exercise of their functions, unless the disclosure is the subject of an exception under section 24 of that Act. The same applies to the authorisation by a member of a disclosure made by an employee. One of the exceptions specified in section 24 is where disclosure is made in circumstances in which the disclosure of information is permitted by an order made by the Secretary of State.

Article 3 of this Order permits a member or an employee of the Commission to disclose information obtained in the exercise of the Commission’s functions (or for a member to authorise an employee to disclose such information) to a member of the Daniel Morgan Independent Panel (“the Panel”).

The statement establishing the Panel is available at https://www.parliament.uk/documents/commons-vote-office/May-2013/10th-May-2013/6.HOME-Daniel-Morgan.pdf . A copy of the Panel’s Terms of Reference can be obtained by writing to: Daniel Morgan Independent Panel; Home Office; 6th Floor, Fry Building; 2 Marsham Street; London SW1P 4DS.

No impact assessment has been carried out for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1995 c. 35. There is an amendment to section 24 which is not relevant to this Order.