Commons Sense

House of Commons · Written Ministerial Statement

Disclosure Review & Alterations to the Disclosure Guidelines

26 May 2022 · Attorney General

Proposed by Suella Braverman Con Fareham and Waterlooville

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At a glance

Key points

  • The annual review of the Attorney General's Disclosure Guidelines for 2021/22 is addressed
  • Alterations have been made to four primary areas of the guidelines
  • The updated guidelines will be placed in both Houses' Libraries for accessibility

Issue summary

The statement addresses the annual review of the Attorney General’s Disclosure Guidelines for 2021/22 and the subsequent alterations made based on the findings.

Action requested

Alterations have been made to four primary areas of the guidelines, including third party material access, material presumed to meet disclosure test criteria, defence engagement, and redaction annex. The updated guidelines will be placed in both Houses' Libraries for accessibility.

Key facts

  • The Disclosure Guidelines were significantly changed on January 1st, 2021.
  • The annual review concluded with alterations focused on four primary areas.
  • Investigators and prosecutors are required to keep written records of the reasons for making third party material requests.
  • Material contained in a crime report need only be provided once via the provision of the crime report.
  • Guidance on defence engagement has been clarified throughout the Guidelines.
  • A new annex clarifies how investigators meet data protection obligations when providing material to the CPS.
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