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![If you supply a written defence statement to me and to the court within 14 days, any material
which has not been disclosed at this stage will be further reviewed. The defence statement
must comply with the requirements of section 6A of the CPIA:
(1) For the purposes of this Part a defence statement is a written statement–-
(a) setting out the nature of the accused's defence, including any particular defences on
which he intends to rely,
(b) indicating the matters of fact on which he takes issue with the prosecution,
(c) setting out, in the case of each such matter, why he takes issue with the prosecution,
[ (ca) setting out particulars of the matters of fact on which he intends to rely for the purposes
of his defence, and ]
(d) indicating any point of law (including any point as to the admissibility of evidence or
an abuse of process) which he wishes to take, and any authority on which he intends to rely
for that purpose.
(2) A defence statement that discloses an alibi must give particulars of it, including–-
(a) the name, address and date of birth of any witness the accused believes is able to give
evidence in support of the alibi, or as many of those details as are known to the accused
when the statement is given;
(b) any information in the accused's possession which might be of material assistance in
identifying or finding any such witness in whose case any of the details mentioned in
paragraph (a) are not known to the accused when the statement is given.
If it does not comply with the section 6A requirements I may not be able to identify material that should
be disclosed.
In magistrates' court cases, a defence statement is optional. In accordance with my continuing
duty to consider disclosure, I will review the information you provide in the statement to
identify any remaining material which has not already been disclosed. The statement will also
be relied on by the court if you later make an application under section 8 CPIA. If you do not
make a CPIA-compliant defence statement where one is required or provided, or do so late, the
court may hear comment and/or draw an adverse inference.
You are also required to give advance details of any witnesses you intend to call at trial within
14 days, which may be extended on application. If you do not give details, or do so late, the
court may comment and/or draw an adverse inference.
It is essential that you preserve this schedule in its present form, as access to any material will only be
granted upon its production to the disclosure officer.
Yours faithfully
J M LAVERACK GLANVILLE
for Chief Crown Prosecutor
CPIA 1 (MC) (03.12)](https://image.slidesharecdn.com/exhibita-1-170925102334/85/Exhibit-a-1-3-320.jpg)
Exhibit a 1
- 1. IN THE FIRST-TIERTRIBUNAL GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) APPEAL: EA/2017/0161 BETWEEN: Appellant and THE INFORMATION COMMISSIONER Respondent EXHIBIT A-1 Letter to defence where there is material to disclose (letter not sent by CPS)
- 2. Mr X. xxxxxxx 22ndSeptember 2015 16A Y0283715/JMLG URN: 16AY0283715 Dear Sirs LETTER TO DEFENCE WHERE THERE IS MATERIAL TO DISCLOSE (MAGISTRATES' COURT) R v X. xxxxxxx COURT AND NEXT HEARING DATE: Grimsby Magistrates Court30th September, 2015 I am required to disclose to you any prosecution material which has not previously been disclosed, and which might reasonably be considered capable of undermining the case for the prosecution or of assisting the accused's case. Attached to this letter is a copy of a schedule of non-sensitive unused material. The disclosure officer in this case is Mr K. PRESTWOOD. Where the word 'evidence' appears alongside any item, the items listed on the schedule are intended to be used as part of the prosecution case. You will receive a written notice should the position change. Where indicated, copies of the items listed are attached. Material marked as available for inspection can be viewed by arrangement with the disclosure officer. This material is disclosed to you in accordance with the provisions of the Criminal Procedure and Investigations Act 1996 (CPIA), and you must not use or disclose it, or any information recorded in it, for any purpose other than in connection with these criminal proceedings. If you do so without the permission of the court, you may commit an offence. Crown Prosecution Service Eerie House Colonial Street Kingston upon Hull HU28JN Telephone: 01482 621000 Crown Court E-Maii:Hurnberside.CCT@cps.gsi.gov.uk Mags Court E-Maii:Humberside.MCT@cps.gsi.gov.uk DX: Crown Prosecution Service 26701 Hull 04
- 3. If you supplya written defence statement to me and to the court within 14 days, any material which has not been disclosed at this stage will be further reviewed. The defence statement must comply with the requirements of section 6A of the CPIA: (1) For the purposes of this Part a defence statement is a written statement–- (a) setting out the nature of the accused's defence, including any particular defences on which he intends to rely, (b) indicating the matters of fact on which he takes issue with the prosecution, (c) setting out, in the case of each such matter, why he takes issue with the prosecution, [ (ca) setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence, and ] (d) indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose. (2) A defence statement that discloses an alibi must give particulars of it, including–- (a) the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given; (b) any information in the accused's possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given. If it does not comply with the section 6A requirements I may not be able to identify material that should be disclosed. In magistrates' court cases, a defence statement is optional. In accordance with my continuing duty to consider disclosure, I will review the information you provide in the statement to identify any remaining material which has not already been disclosed. The statement will also be relied on by the court if you later make an application under section 8 CPIA. If you do not make a CPIA-compliant defence statement where one is required or provided, or do so late, the court may hear comment and/or draw an adverse inference. You are also required to give advance details of any witnesses you intend to call at trial within 14 days, which may be extended on application. If you do not give details, or do so late, the court may comment and/or draw an adverse inference. It is essential that you preserve this schedule in its present form, as access to any material will only be granted upon its production to the disclosure officer. Yours faithfully J M LAVERACK GLANVILLE for Chief Crown Prosecutor CPIA 1 (MC) (03.12)