PART 15E+WDISCLOSURE

[F1Prosecution disclosure and disclosure managementE+W

15.2.—(1) This rule applies where any of the following occurs—

(a)under section 3 of the Criminal Procedure and Investigations Act 1996 (Initial duty of prosecutor to disclose), or under any comparable obligation that applies where that section does not, the prosecutor—

(i)discloses to the defendant any prosecution material that might reasonably be considered capable of undermining the case for the prosecution against the defendant or of assisting the case for the defendant (in this rule, “gives initial disclosure”), or

(ii)gives the defendant a statement that there is no such material;

(b)under section 7A of the 1996 Act (Continuing duty of prosecutor to disclose), or under any comparable obligation that applies where that section does not, the prosecutor discloses any further such material; or

(c)the prosecutor serves a document (in this rule, a “disclosure management document”) prepared by the prosecutor that—

(i)describes the prosecutor’s approach to discharging the prosecution obligations to which this Part applies; and

(ii)gives the reasons for that approach.

(2) The prosecutor must discharge the prosecution obligations to which this Part applies as soon as is reasonably practicable.

(3) At the same time as the prosecutor discloses material to which this rule refers, or gives the defendant a statement that there is no, or no further, such material, the prosecutor must serve on the court officer notice to that effect.

(4) At the same time as the prosecutor serves on the defendant a disclosure management document, or revised such document, the prosecutor must serve that document on the court officer.

(5) As soon as is reasonably practicable after the prosecutor serves a disclosure management document, or revised such document, the defendant must—

(a)make such observations on the content of that document as the defendant wants the court to take into account when giving directions for the preparation of the case for trial; and

(b)serve any such observations on—

(i)the prosecutor, and

(ii)the court officer.

[Note. See—

(a)sections 2 and 3 of the Criminal Procedure and Investigations Act 1996, which define material and prescribe how and in what circumstances it must be disclosed; and

(b)sections 12 and 13 of the 1996 Act, and paragraph 10 of the Code of Practice accompanying the Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2015, which provide for the time limits for prosecution disclosure.

See also—

(a)rule 3.19 (preparation for trial in the Crown Court, service of prosecution evidence). In some circumstances in the Crown Court the time limit for the prosecutor to give initial disclosure begins when the prosecution evidence is served. Under regulation 2 of the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 the time for service of the prosecution evidence in the Crown Court is—

(i)not more than 50 days after sending for trial, where the defendant is in custody, and

(ii)not more than 70 days after sending for trial, where the defendant is on bail.

(b)rule 15.4 (Defence disclosure).

In some circumstances disclosure is prohibited by section 56 of the Investigatory Powers Act 2016.]]

Textual Amendments