Topic revision

Disclosure and the CPIA
for the Sergeants Exam

Disclosure questions in our practice bank mostly turn on who does what and when: the investigator, the officer in charge and the disclosure officer under the Code of Practice, how long material must be kept, which cases need a schedule, who applies the test and who can withhold sensitive material. This page sets out the Criminal Procedure and Investigations Act 1996 and its 2020 Code with section and paragraph numbers we checked, the traps, and six original worked questions.

Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated

Short answer: what do you need to know about CPIA disclosure for the sergeants exam?

The police record, retain, schedule and reveal; the prosecutor applies the test in s.3 and s.7A and serves disclosure; the court alone can order sensitive material withheld. Under the 2020 Code, the investigator decides what is a reasonable line of inquiry, any of the investigator, officer in charge or disclosure officer can treat material as relevant, and relevant material is kept until the charge decision, then at least until acquittal, conviction or the prosecutor dropping the case, and after conviction until release but never less than six months. The defence statement is compulsory in the Crown Court (28 days) and voluntary in the magistrates' court (14 days), and the duty to disclose continues until the end of the case.

CPIA disclosure at a glance

This page covers one topic from the Evidence and procedure volume of Blackstone's: unused material and disclosure. The exam tests only the law as it appears in the Manuals edition for the sitting, so use this page as a map and a set of checked reference points, then read the chapter itself. For the wider exam context see the sergeant exam explained and how to pass the sergeants exam. Every statutory and Code reference below was read on legislation.gov.uk, GOV.UK or the CPS site on 4 October 2026.

The numbers and rules that matter most
Point	Rule
Governing law	Criminal Procedure and Investigations Act 1996: Part I (disclosure, ss.1 to 21A) and Part II (the investigation code, ss.22 to 27). The Code of Practice is issued under s.23 and the 2020 revision has been in force since 31 December 2020
Who the Code binds	Police officers conducting a criminal investigation (Code para 1.1). Others charged with investigating must have regard to it (s.26(1))
Core police duties	Pursue all reasonable lines of inquiry, record relevant information, retain relevant material, schedule it, reveal it to the prosecutor, certify (s.23; Code paras 3 to 9)
Who applies the disclosure test	The prosecutor (s.3 and s.7A), not the disclosure officer. The investigator highlights what they think is disclosable (AG Guidelines para 89)
Who decides on withholding	The court, on the prosecutor's application (s.3(6), s.7A(8), s.8(5))
Minimum retention after conviction	Custody or hospital order: until release or discharge, but not less than 6 months from conviction. Otherwise 6 months. Longer if an appeal or CCRC application is live (Code paras 5.9, 5.10)
Defence statement	Compulsory in the Crown Court (s.5), voluntary in the magistrates' court (s.6). 28 days or 14 days from initial disclosure (2011 Regulations)
Continuing duty	Prosecutor's s.7A duty runs until acquittal, conviction or a decision not to proceed. Disclosure officer re-reviews after a defence statement (Code para 8.3)
March 2026 sitting only	3 scored questions listed under Disclosure of evidence and 4 under Exclusion of admissible evidence, of 140 (our count of the College's PDF; not a prediction)

Which version of the Code

The Code we read is the revision presented to Parliament in September 2020 and in force from 31 December 2020, published on GOV.UK on 23 November 2020. The Attorney General's Guidelines we read are the 2024 version (published 29 February 2024, effective 29 May 2024). We did not find a later Code or later Guidelines on GOV.UK, but check the Manuals for the edition you sit, because the Manuals are the syllabus. Paragraph numbers below are those of the 2020 Code.

Who decides what: the table to memorise

Most wrong answers on disclosure come from giving a decision to the wrong person. The statute and Code split the decisions between the investigator, the disclosure officer, the prosecutor and the court. Learn the split as a table.

Decision-makers under the CPIA regime
Question	Who decides	Source	Note
Whether a line of inquiry is reasonable	The investigator, with the prosecutor's help if required	Code para 3.5; AG Guidelines para 29	Investigator decides; prosecutor advises and checks
Whether material may be relevant (record and retain)	The investigator, the officer in charge or the disclosure officer	Code para 2.1(8)	Test is whether it appears to have some bearing, unless incapable of having any impact
Whether material is sensitive (which schedule)	The disclosure officer, on their belief	Code para 2.1(9) and 6.14	Belief that disclosure would cause a real risk of serious prejudice to an important public interest
Whether material meets the disclosure test	The prosecutor	s.3(1), s.7A; Code para 10.1	The disclosure officer flags and explains; the prosecutor endorses each item
Whether sensitive disclosable material may be withheld	The court, on the prosecutor's application	s.3(6), s.7A(8), s.8(5); Code para 10.9	Not the police and not the chief officer
Whether to copy or let the accused inspect the material	The person disclosing: the prosecutor under s.3, the disclosure officer under Code 10.6 and 10.7	s.3(3), s.23(1)(h) and (i); Code paras 10.5 to 10.7	Prosecutor: copy unless not practicable or not desirable (s.3(3)). Disclosure officer: copy or inspect, but a copy must be supplied on request unless not practicable or not desirable (10.7)
Who the disclosure officer is	The chief officer of police must have arrangements that record the identity of the officer in charge and the disclosure officer and ensure sufficient skills and authority. The Code does not say who makes the appointment	Code para 3.3	Conflicts of interest bar the appointment
Whether a late or changed defence prompts comment	The court or any other party, with inferences for the court or jury	s.11(5)	Leave of the court needed for comment in some cases (s.11(6), (7))

The practical line to remember: the police decide what to record, keep and list; the prosecutor decides what the defence receives; the court decides what may be withheld. The Attorney General's Guidelines add that the investigator should apply the test to the presumed-disclosable categories before passing them on and highlight what they consider disclosable and why (para 89), but the prosecutor then reviews and records the decision (paras 90 and 91).

The four roles in the Code

Paragraph 2.1 defines the people. Paragraph 3.1 says the functions of the investigator, the officer in charge and the disclosure officer are separate, and that whether one, two or more people carry them out depends on the complexity of the case and force arrangements. Where more than one person does, close consultation between them is essential.

Roles under the CPIA Code of Practice (2020)
Role	Who they are	Code	Main duties
Investigator	Any police officer involved in the conduct of a criminal investigation. All investigators have duties under the Code, including recording information and retaining records and other material	Para 2.1(3)	Pursue reasonable lines of inquiry (3.5); retain relevant material (5.1); tell the disclosure officer what has been retained and where (CPS Manual ch.3)
Officer in charge (OIC)	The police officer responsible for directing a criminal investigation. Responsible for ensuring proper procedures are in place for recording and retaining information and material	Para 2.1(4)	May delegate tasks but remains responsible for ensuring they were done and for accounting for general policies (3.4); records unrecorded information (4.1)
Disclosure officer	The person responsible for examining retained material, revealing it to the prosecutor and certifying that, and disclosing material to the accused at the prosecutor's request	Para 2.1(5)	Schedules (6), revelation (7), re-review after defence statement (8), certification (9), disclosure to accused (10.5 to 10.8)
Deputy disclosure officer	May be appointed to assist and may perform any function of the disclosure officer	Para 3.2	Para 3.2: may perform any function of a disclosure officer as defined in para 2.1
Prosecutor	The authority responsible for conduct of the proceedings on behalf of the Crown	Para 2.1(6)	Applies the test, endorses schedules with reasons (10.1, 10.2), serves disclosure, keeps under review (s.7A), applies to court on public interest
Chief officer of police	Must put arrangements in place so that the OIC and disclosure officer are recorded in every investigation and have sufficient skills and authority	Para 3.3	Policy owner, not a day-to-day decision-maker on individual items

Points that catch people out

Every investigator has duties. The definition is any police officer involved in the conduct of the investigation (2.1(3)), not only the case officer.
Delegation does not transfer responsibility. The officer in charge may delegate tasks to other investigators, civilians or participants in joint investigations, but remains responsible for ensuring they are carried out and for accounting for general policies (3.4).
Reassignment. If the officer in charge or disclosure officer no longer has responsibility for any reason, their supervisor or the police officer in charge of criminal investigations for the force must assign someone else, and the identity must be recorded (3.7).
Conflicts. The victim of the alleged crime must not be disclosure officer (3.3). The advice of a more senior officer must always be sought if in doubt, then the prosecutor's.
Lead disclosure officer. The Attorney General's Guidelines (para 10) say that where several disclosure officers are assigned there should be a lead disclosure officer who is the focus for enquiries and ensures the investigator's disclosure obligations are complied with.
A disclosure officer need not be a police officer. The Code defines the disclosure officer as "the person" responsible; the CPS Manual (chapter 3) says the role may be a police officer or a civilian.

Reasonable lines of inquiry

Section 23(1)(a) requires the Code to secure that, where a criminal investigation is conducted, all reasonable steps are taken for the purposes of the investigation and, in particular, all reasonable lines of inquiry are pursued. The Code delivers that in paragraph 3.5: the investigator should pursue all reasonable lines of inquiry, whether these point towards or away from the suspect. What is reasonable depends on the circumstances.

Who decides. It is a matter for the investigator, with the assistance of the prosecutor if required (3.5). The Attorney General's Guidelines (para 29) say it is for investigators, in consultation or discussion with prosecutors where appropriate, to identify and pursue all reasonable lines of inquiry, and that prosecutors can advise on additional lines and should satisfy themselves they have been pursued.
Both directions. Lines pointing away from the suspect count. A candidate who thinks only of building the case against the suspect will be caught.
Material held by others. If the officer in charge believes other people may hold relevant material, the disclosure officer should inform them of the investigation and invite them to retain it. The disclosure officer tells the prosecutor they may have such material. There is no duty to make speculative enquiries: there must be some reason to believe they have relevant material, which may come from the accused, other enquiries or another source (3.6).
Third party material generally. The Guidelines (paras 28 to 33) require a properly identifiable foundation for requesting third party material, not conjecture, and a written record of the decision to access it. We cover only the headline here; the detail is in the Guidelines and the Manuals.
Principles. The Guidelines open by saying the regime serves the right to a fair trial and that disclosure should be done in a thinking manner in light of the issues, not as a schedule-completing exercise (paras 1 and 4).

Recording and retaining material

Recording (Code section 4)

If relevant information is not recorded in any form, the officer in charge must ensure it is recorded in a durable or retrievable form (4.1).
If an initial record cannot be kept because it is part of a larger record that will be destroyed, transfer it as a true record to a durable, more easily stored form first (4.2).
Negative information is often relevant and, if it may be, must be recorded. The example is several people present at a place and time who saw nothing unusual (4.3).
Record at the time or as soon as practicable afterwards. This includes house-to-house enquiries, but it does not require a statement to be taken from a potential witness where it otherwise would not be (4.4).

Retaining (Code section 5)

The investigator must retain material obtained in a criminal investigation which may be relevant (5.1). A copy may be kept instead of the original if the original is perishable, was supplied to the investigator and is to be returned to its owner, or keeping a copy is reasonable in all the circumstances.
Material previously examined but not kept because it was not thought relevant: if developments make it relevant, the officer in charge should wherever practicable obtain it or ensure it is retained (5.3).
Paragraph 5.4 lists categories that the duty includes in particular: records from 999 calls, incident logs, contemporaneous records including crime reports, notebook entries and CCTV, custody records, previous accounts, interview records, material casting doubt on witness reliability, final witness statements (and drafts where the content differs), material relating to other suspects, expert communications and reports, and records of first descriptions of a suspect.
Paragraph 5.5 adds material that may satisfy the disclosure test, such as an explanation given by the accused, material casting doubt on the reliability of a confession and material casting doubt on a prosecution witness.
The duty does not extend to items purely ancillary to retained material that have no independent significance, such as duplicate copies (5.6).

Relevance for this purpose is wide. The CPS Manual (chapter 4) tells officers to err on the side of recording and retaining where in doubt, and notes that the question matters most when an officer is thinking of throwing something away, returning it to the owner, or not recording information.

How long relevant material must be kept

The periods are in paragraphs 5.7 to 5.10. They are minimums, and section 23(4) of the Act expressly allows the Code to extend retention beyond a conviction or acquittal.

Minimum retention periods, CPIA Code 2020 section 5(b)
Stage	Retain at least until	Para
Investigation under way, no charge decision yet	All material that may be relevant, until a decision is taken whether to institute proceedings	5.7
Proceedings instituted	At least until the accused is acquitted or convicted, or the prosecutor decides not to proceed	5.8
Convicted, custodial sentence or hospital order	At least until release from custody or discharge from hospital	5.9
Convicted, released or discharged earlier than 6 months after conviction	At least until 6 months from the date of conviction	5.9
Convicted, any other sentence (for example fine or community order)	At least 6 months from the date of conviction	5.9
Appeal against conviction in progress at release, or at the end of the 6 months	Until the appeal is determined	5.10
Criminal Cases Review Commission considering an application at that point	At least until the Commission decides not to refer the case to the court	5.10
Material seized under PACE	The Code duty is subject to the retention provisions in PACE s.22	5.2

The six month floor

Where a custodial sentence or hospital order is imposed and release or discharge is earlier than six months from conviction, material must be kept until at least six months from the date of conviction (5.9). A candidate who answers "until release" for a ten week sentence has fallen into the trap.

Force retention schedules and other regimes (for example for seized property or national guidance on records) can require longer. Those are outside what we verified, and the exam question will point you to the Code.

Schedules and the MG6 forms

Paragraph 6.2 says material that may be relevant, has been retained, and that the disclosure officer believes will not form part of the prosecution case, must be listed on the appropriate schedule of unused material. Whether a schedule is needed depends on the likely plea and the offence.

When schedules are prepared and when they go to the prosecutor
Situation	Position	Code para
Triable only on indictment	Schedule must be prepared	6.3
Either way, likely to be tried on indictment	Schedule must be prepared	6.3
Either way, likely to stay in the magistrates' court, likely not guilty plea	Schedule must be prepared	6.3
Summary offence, likely not guilty plea	Schedule must be prepared	6.3
Summary or either way, guilty plea likely (for example admissions)	No schedule unless a not guilty plea is later entered or indicated; common law material still noted on the case summary	6.4, 6.5
Full Code Test charge, not guilty plea anticipated	Schedules go to the prosecutor with the case file	7.1
All other cases	As soon as possible after a not guilty plea is indicated or entered	7.2
Initial disclosure to the accused, magistrates' court	At the hearing where a not guilty plea is entered, or as soon as possible after a formal indication of one	10.4
Initial disclosure, Crown Court	If possible before the Plea and Trial Preparation Hearing, otherwise as soon as possible after it and in line with any court direction	10.4

The forms

The Code speaks of "the appropriate schedule" and does not name forms. The MG6 series names come from CPS guidance, which describes how police apply the Code. We read the relevant CPS Disclosure Manual chapters on 4 October 2026.

What each form does
Form	Purpose	Source
MG6C	Schedule of non-sensitive unused material. Includes a statement that the disclosure officer does not believe the material is sensitive. Served on the defence when disclosure is made	Code 6.7; CPS Manual ch.7 (Crown Court cases)
MG6D	Schedule of sensitive unused material, with the reasons for sensitivity. Not disclosed to the defence. Where there is none, the disclosure officer endorses and signs a nil return	Code 6.13, 6.14; CPS Manual ch.8
MG6E	Disclosure officer's report: draws the prosecutor's attention to material that might meet the test, explains why, and carries the certificate. Also submitted with further schedules	Code 7.3, 9.1; CPS Manual ch.10
MG6B	Police misconduct form: officers and staff have a personal responsibility to reveal relevant misconduct relating to them	CPS Manual ch.3
Case summary note	Where a guilty plea is expected and no schedule is needed, material that might assist the defence early or at a bail hearing must be noted on the case summary	Code 6.5

How material is listed

Non-sensitive material goes on a schedule of non-sensitive material, with a statement that the disclosure officer does not believe it sensitive (6.7).
Each item is listed separately and numbered consecutively (6.8), with enough detail for the prosecutor to decide whether to inspect it (6.9).
Block listing by quantity and generic title is allowed where listing each item would be disproportionate (6.10), but any item that might meet the test must still be listed and described individually (6.11).
The disclosure officer should redact sensitive information in material likely to be disclosed, and personal confidential details such as dates of birth, addresses, email addresses and phone numbers (6.12).
Sensitive material goes on a separate schedule with the reason for the belief. If there is none, that fact must be recorded on a schedule of sensitive material or otherwise indicated (6.13, 6.14).
The Guidelines say descriptions must be clear and accurate, and abbreviations and acronyms should be avoided (para 61). If the prosecutor asks the disclosure officer to correct an inadequate schedule, the disclosure officer must do so in a timely manner (para 63).

Material presumed likely to meet the test

Paragraph 6.6 lists material that, where it exists, is likely to include information meeting the test for prosecution disclosure. It must be scheduled and provided to the prosecutor (subject to the guilty plea exception in 6.4), and disclosure officers and prosecutors start from a presumption that it is likely to meet the test, although the test must still be applied. The Guidelines repeat the list at para 86 and say the list is not intended to cause automatic disclosure (para 92).

The presumed-disclosable categories (Code 6.6)
Material	Code para
999 call records containing descriptions of the offence or offender	5.4, 6.6(a)
Incident logs relating to the allegation	5.4, 6.6(b)
Contemporaneous records: crime reports, investigation log, notebook entries, records of actions, CCTV or other imagery of the incident	5.4, 6.6(c)
The defendant's custody record or voluntary attendance record	5.4, 6.6(d)
Any previous accounts by a complainant or other witness	5.4, 6.6(e)
Interview records (witnesses and suspects)	5.4, 6.6(f)
Material casting doubt on a witness's reliability, such as relevant convictions and cautions of prosecution witnesses or co-accused	5.4, 6.6(g)

Revealing material to the prosecutor and certifying

Timing. Full Code Test charge and a not guilty plea anticipated: schedules go with the case file (7.1). Otherwise as soon as possible after a not guilty plea is indicated or entered (7.2).
Draw attention. The disclosure officer must draw the prosecutor's attention to retained material that may satisfy the test, explaining why (7.3), and give copies of that material plus explanations by the accused, material casting doubt on a confession and material casting doubt on a prosecution witness (7.4).
Presumed material. A copy of the 6.6 material must be given, indicating whether it is or is not considered to satisfy the test, with reasons either way (7.5).
Inspection. The disclosure officer must comply with a prosecutor's request to inspect material not already copied, and must provide a copy if asked, unless having consulted the OIC they believe it too sensitive to copy (7.6).
Amended schedules. Once it is clear what forms the case, the disclosure officer gives an amended schedule listing additional relevant, non-prosecution, unlisted, non-sensitive material, unless told in writing that the prosecutor will disclose it (8.1).
Certificate. The disclosure officer must certify that, to the best of their knowledge and belief, all relevant retained material made available to them has been revealed in accordance with the Code, signed and dated. Certification is needed with the first submission, after re-review following a defence statement, and whenever a schedule is otherwise given or material otherwise revealed (9.1).
Exceptional sensitivity. Where compromise would be likely to lead directly to loss of life or directly threaten national security, the existence of the material is revealed to the prosecutor separately. The investigator who knows the detail must do it and ensure the prosecutor can inspect it (6.15, 6.16).

Initial disclosure by the prosecutor: section 3

Part I applies in the cases set out in s.1: summary offences, either-way offences (for adults) and indictable offences (for under 18s) tried summarily where a not guilty plea is entered, and Crown Court cases, which today mainly means the accused is sent for trial under s.51 Crime and Disorder Act 1998 or a bill of indictment is preferred (the old committal and transfer routes in s.1(2)(a) to (c) have been repealed).

The duty (s.3(1)). The prosecutor must disclose to the accused any prosecution material not previously disclosed which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, or give a written statement that there is no such material.
Prosecution material (s.3(2)). Material in the prosecutor's possession that came to them in connection with the case, or which they have inspected under the Code.
How (s.3(3) to (5)). Recorded information is disclosed by giving a copy or, if the prosecutor thinks that is not practicable or desirable, by allowing inspection. Unrecorded information must be recorded first. Objects are made available for inspection.
Public interest (s.3(6)). Material must not be disclosed to the extent that the court, on the prosecutor's application, concludes it is not in the public interest and so orders.
Intercept (s.3(7)). Material whose disclosure is prohibited by s.56 Investigatory Powers Act 2016 must not be disclosed.
Review of the police's work. The prosecutor must review the schedules, endorse each item as meeting or not meeting the test and record reasons where it does (Code 10.1); for the presumed-disclosable 6.6 material the reason must be recorded either way (10.2). The schedule of non-sensitive material goes to the defence with any disclosure (10.3).
Late service. Under s.10, a prosecutor who acts after the relevant period does not, on its own, give grounds for staying proceedings as an abuse of process, unless the delay denies the accused a fair trial.
Common law. Section 21 displaces the pre-CPIA common law disclosure rules after the relevant time, but not the common law rules on public interest. Before a not guilty plea, para 6.5 of the Code keeps a common law test alive for material that would help early preparation or bail.

For Crown Court cases, the Guidelines say a disclosure management document should be prepared in all cases, using information from the investigator, and served with initial disclosure (paras 93 to 99). The investigator should give written details of the lines of inquiry pursued at or before charge (para 98). In magistrates' and youth court cases the prosecutor should consider whether one would help (para 96).

Defence statements: sections 5, 6, 6A, 6B and 6C

The defence side of the regime
Item	What the law requires	Time limit	Source
Initial defence statement	Crown Court: compulsory (s.5). Magistrates' court: voluntary (s.6), but if given must also go to the court	28 days (Crown Court) or 14 days (summary) from the day the prosecutor complies or purports to comply with s.3; extendable on the accused's application made within the period	s.5, s.6; Regs 2011 reg 2
Contents	Nature of the defence including particular defences; matters of fact in issue and why; particulars of facts relied on; points of law including admissibility and abuse of process, with authorities	As above	s.6A(1)
Alibi	Name, address and date of birth of any alibi witness, or as many details as known, plus any information that may help find them	As above	s.6A(2), (3)
Updated defence statement	Section 6B would require either an updated statement or a written statement that there are no changes, during its relevant period. legislation.gov.uk marks s.6B as prospective (inserted by the Criminal Justice Act 2003, s.33(3)), so we do not treat it as in force	Period would be fixed under s.12; the 2011 Regulations do not cover s.6B	s.6B; s.12
Witness notice	Whether the accused intends to call witnesses other than themselves, with names, addresses and dates of birth as known. Amended notice if the position changes	28 days (Crown Court) or 14 days (summary), as above	s.6C; Regs 2011 reg 2
Late, missing or changed defence	Comment by the court or another party, and inferences by the court or jury as appear proper	Not applicable	s.11

The time limits come from the Defence Disclosure Time Limits Regulations 2011. The period begins on the day the prosecutor complies or purports to comply with s.3. In summary cases it runs for 14 days (for the s.6 statement and the s.6C notice); in Crown Court cases it runs for 28 days (for the s.5 statement and the s.6C notice). If it would expire on a weekend, Christmas Day, Good Friday or a bank holiday, it rolls to the next ordinary day (reg 2(4)). The court may extend it on the accused's application, made within the period, if it is satisfied it would be unreasonable to require the statement within the period. There is no limit on the number of applications (reg 3).

For a supervisor, the defence statement matters because it sets off the re-review: the Code (8.3) also refers to the issues in dispute recorded on the Preparation for Effective Trial form or the Plea and Trial Preparation Hearing form as a trigger.

The continuing duty: section 7A

When. After the prosecutor has complied with s.3 (or purported to) and before the accused is acquitted or convicted or the prosecutor decides not to proceed (s.7A(1)).
What. The prosecutor must keep under review, in particular following a defence statement, whether there is undisclosed prosecution material that might reasonably be considered capable of undermining the prosecution case or assisting the accused (s.7A(2)). If so, disclose as soon as reasonably practicable (s.7A(3)). The state of the case at the time is taken into account (s.7A(4)).
After a defence statement. The prosecutor must make any resulting disclosure within the relevant period, or give a written statement that none is required (s.7A(5)).
Public interest. The court can again order non-disclosure on the prosecutor's application (s.7A(8)).
The police side. New material is treated like the earlier material (Code 8.2). After a defence statement the disclosure officer must look again at retained material, draw the prosecutor's attention to anything that might undermine the prosecution case or assist the accused, reveal it under 7.4 and 7.5 (8.3), and certify again (9.1).

Public interest immunity: ss.3(6), 7A(8), 8(5), 14, 15 and 16

Public interest immunity (PII) is the label for the court's decision that sensitive material that meets the disclosure test need not be disclosed because the public interest in withholding it outweighs the defence's interest. The statute uses "public interest" and does not use the abbreviation. There is no separate police or CPS power to withhold: the prosecutor applies and the court orders.

Review and procedure after a public interest order
Context	Rule	Section
Summary trial (s.1(1) cases)	After an order under s.3(6), s.7A(8) or s.8(5), the accused may apply for a review of whether it is still not in the public interest to disclose	s.14
Crown Court (s.1(2) cases)	The court must keep the question under review without needing an application; the accused may also apply	s.15
Person involved in bringing the material to the prosecutor's attention	May apply to be heard, and the court must not make the order without giving them the opportunity if they show involvement	s.16
Material disclosed to the accused	The accused must not use or disclose it except in the proceedings, further proceedings on the same matter, or as the court permits or as already public in open court	s.17

What sensitive means. Material whose disclosure the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest (Code 2.1(9)). Paragraph 6.14 gives examples: national security, material from the intelligence and security agencies, informant identities and activities, surveillance locations and methods, material on which search warrants were obtained, ID parade participants and the private life of a witness.
If the court orders disclosure. Where the court concludes the item meets the test and the defence interest outweighs the public interest in withholding, the material must be disclosed if the case is to proceed. The court may agree redaction, summaries or an admission under s.10 Criminal Justice Act 1967 (Code 10.9).
Types of application. The CPS Manual (chapter 13) describes three types under Part 15 of the Criminal Procedure Rules, from notice to the defence with the category of material revealed, to an application without notice in highly exceptional cases. We did not read the Rules directly.
Rare in practice. The same CPS chapter says that, with the disclosure test applied robustly, applications to withhold sensitive material should be rare.

The section 8 application

Section 8 is a defence remedy. It applies where the accused has given a defence statement (under s.5, 6 or 6B) and the prosecutor has complied with s.7A(5), purported to comply, or failed to comply. If the accused has at any time reasonable cause to believe there is prosecution material required to be disclosed under s.7A that has not been, they may apply to the court for an order requiring the prosecutor to disclose it (s.8(2)).

Prosecution material for s.8 includes material the prosecutor holds, material inspected under the Code and material the prosecutor would be entitled to ask for under the Code (s.8(3), (4)).
Public interest still applies. The court will not order disclosure to the extent that, on the prosecutor's application, it concludes it is not in the public interest (s.8(5)).
Not a gate. Police and prosecutors must keep disclosure under review regardless (s.7A and Code 8.3). The exam may test whether you wrongly treat s.8 as a precondition.

What a sergeant supervises

The Code does not give sergeants a named role. A sergeant meets disclosure as an investigator, as an officer in charge, as the supervisor of constables who are investigators or disclosure officers, or as the person asked to approve a file. What we can verify is narrow, and we say so plainly.

Supervision is expected. The CPS Manual (chapter 3) says courts have reinforced the chief officer's responsibility to ensure that disclosure officers are trained, competent and appropriately supervised by the investigative authority. It does not say that the supervisor is a sergeant.
Reassignment. Where the officer in charge or disclosure officer can no longer act, their supervisor or the police officer in charge of criminal investigations for the force must assign someone else and record the identity (Code 3.7).
Conflicts and appointments. If a conflict of interest is in doubt, the advice of a more senior officer must be sought (3.3). A sergeant who proposes the victim as disclosure officer has made the error in the first question below.
Fit for the job. The Guidelines say investigators and disclosure officers should be deployed on cases commensurate with their training, skills and experience, and the disclosure strategy should be considered at the start of every investigation (para 9).
Quality of schedules. Descriptions must be clear and not hide material behind acronyms (Guidelines para 61), and the disclosure officer must correct schedules the prosecutor flags (para 63).

Beyond that, who signs off schedules or files is a matter of force procedure, which we have not verified. For misconduct exposure where disclosure goes wrong, see the misconduct regulations topic page.

Exclusion of evidence: sections 76 and 78 PACE (briefly)

Chapter 2.4 of Blackstone's covers Exclusion of Admissible Evidence. This page does not cover entrapment, and the other items are headline rules only. We read sections 76, 78 and 82 on legislation.gov.uk on 4 October 2026.

s.76 confessions. A confession may be given in evidence against the accused so far as relevant and not excluded (s.76(1)). If it is represented to the court that it was or may have been obtained by oppression, or in consequence of anything said or done likely in the circumstances to render unreliable any confession the person might make, the court must not allow it unless the prosecution proves beyond reasonable doubt that it was not so obtained, even if it may be true (s.76(2)). The court may require that proof of its own motion (s.76(3)).
Oppression. Includes torture, inhuman or degrading treatment and the use or threat of violence, whether or not amounting to torture (s.76(8)).
Facts discovered. Exclusion of a confession does not affect the admissibility of facts discovered as a result, but evidence that a fact was discovered as a result of an excluded statement is not admissible unless evidence of how it was discovered is given by or on behalf of the accused (s.76(4) to (6)).
"Confession" is wide. It includes any statement wholly or partly adverse to the maker, whether made to a person in authority or not and whether in words or otherwise (s.82(1)).
s.78 unfair evidence. The court may refuse to allow evidence on which the prosecution proposes to rely if, having regard to all the circumstances including how it was obtained, admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it (s.78(1)). It is a discretion, and it does not prejudice any rule of law requiring exclusion (s.78(2)).
Common law discretion. Nothing in Part VIII prejudices any power of a court to exclude evidence at its discretion (s.82(3)).

The contrast to hold on to

Section 76 is mandatory once the conditions are made out and the prosecution cannot prove otherwise to the criminal standard, and it applies to confessions only. Section 78 is a discretion that applies to any prosecution evidence, and the question is the fairness of the proceedings. Section 76 puts the burden on the prosecution once the issue is raised. The link to disclosure is practical: records of interviews, custody records and notes of what was said are exactly the material the Code requires to be retained and scheduled.

For the detention and interview rules that decide whether a confession is safe, see PACE Code C detention and interviews.

The traps, in one table

Each row is a wrong belief that a plausible exam option could be built around, with the correct position and the source.

Common disclosure traps
The tempting answer	The correct position
Disclosure officer decides what the defence gets	The disclosure officer flags and explains. The prosecutor applies the s.3 and s.7A test, endorses the schedule and records reasons (Code 10.1, 10.2)
Police decide what is relevant for disclosure to the defence	Police decide relevance for recording, retaining and scheduling (2.1(8)). Whether it must be disclosed is the prosecutor's decision
The prosecutor decides the lines of inquiry	The Code puts the decision with the investigator, with the prosecutor's assistance if required (3.5). The prosecutor advises and checks
Retention ends at release from prison	Not if release is earlier than 6 months after conviction: the 6 month floor applies (5.9)
Retain only what points to guilt	Reasonable lines of inquiry point towards or away from the suspect (3.5). Negative information must be recorded if it may be relevant (4.3)
Sensitive material is withheld by listing it on the MG6D	Listing only reveals it to the prosecutor. Withholding needs a court order on the prosecutor's application (s.3(6))
The existence of CHIS-type material always goes on the sensitive schedule	Only in the normal case. Where compromise would be likely to lead directly to loss of life or directly threaten national security, existence is revealed to the prosecutor separately by the investigator who knows the detail (6.15, 6.16)
A guilty plea expected means no disclosure duty	No schedule is needed, but material that might assist the defence with early preparation or at a bail hearing must be noted on the case summary and revealed to the prosecutor (6.4, 6.5)
Disclosure ends at initial disclosure	s.7A continues until acquittal, conviction or a decision not to proceed. Re-review after the defence statement (8.3) and certify again (9.1)
The defence statement is always compulsory	Compulsory in Crown Court cases (s.5); voluntary in magistrates' court cases (s.6)
Defence statement time runs from charge	It runs from when the prosecutor complies or purports to comply with initial disclosure (Regs 2011 reg 2(1))
A s.8 application must come before the police re-review	s.8 is the accused's remedy. The police duty to re-review after a defence statement does not wait for it (8.3)
Breaching the Code is an offence	Not in itself (s.26(2)), but the court takes it into account where relevant (s.26(4))
The victim can be disclosure officer if the OIC countersigns	No: conflict of interest bars appointment (3.3)
Material of marginal relevance can be binned	If there is doubt, record and retain, or ask the prosecutor (Code 6.1; CPS Manual ch.4)
Copying is always required	The disclosing person decides between copy and inspection, but a copy must be supplied on request unless not practicable or not desirable (s.23(1)(i); Code 10.7)

Six worked questions

These are original practice questions, not real, past or leaked exam questions. They are pulled from our verified bank by identifier, so the text below is the checked version, with the Code paragraph or section each answer rests on. Try each one before reading the marked answer.

Evidence and procedure Worked question 1

A constable is punched during a disorder outside a nightclub. The suspect is charged and the case is listed for trial. The constable's sergeant proposes that the constable, who knows the case best, should also act as disclosure officer. What is the correct position under the CPIA Code of Practice?

A. It is acceptable, provided the officer in charge of the investigation reviews and countersigns each schedule before it goes to the prosecutor

B. It is acceptable, because a disclosure officer can be any police officer involved in the investigation, whatever their role in the incident

C. Correct: The constable should not be appointed, because being the victim of the alleged offence creates a conflict of interest

D. It is acceptable only if the prosecutor has given written consent to the appointment before any of the schedules are prepared

Paragraph 3.3 of the CPIA Code says an individual must not be appointed as disclosure officer, or continue in that role, if that is likely to result in a conflict of interest, and gives the disclosure officer being the victim of the alleged crime as an example. If there is doubt, the advice of a more senior officer must be sought, and then the prosecutor's if the doubt remains. Countersigning by the officer in charge does not cure the conflict.

Source: CPIA 1996 Code of Practice (2020) para 3.3

Evidence and procedure Worked question 2

A defendant is convicted after trial and given a short custodial sentence. Allowing for time on remand, he is released ten weeks after the date of conviction. There is no appeal and no application to the Criminal Cases Review Commission. Under the CPIA Code of Practice, until when at least must relevant material be retained?

A. Until the date of his release from custody

B. Correct: Until six months from the date of conviction

C. Until two years from the date of conviction

D. Until the end of the period allowed for lodging an appeal against sentence

Paragraph 5.9 of the CPIA Code requires relevant material to be kept at least until release from custody where a custodial sentence is imposed, but if the person is released earlier than six months from conviction it must be kept until at least six months from the date of conviction. Here release came at ten weeks, so the six-month point applies. The 'until release' answer is the trap: it ignores the six-month floor.

Source: CPIA 1996 Code of Practice (2020) paras 5.9 and 5.10

Evidence and procedure Worked question 3

A man is charged with a summary-only offence after making full admissions in interview, and a guilty plea is expected. The disclosure officer knows the main prosecution witness has a recent conviction for perverting the course of justice. What does the CPIA Code require at this stage?

A. A full schedule of non-sensitive unused material must be prepared immediately and sent to the prosecutor, because every summary case needs one

B. Nothing at this stage, because no disclosure duty of any kind arises in a summary-only case until a not guilty plea is entered at court

C. The conviction must be disclosed directly to the defence by the disclosure officer, without first involving the prosecutor in that decision

D. Correct: No schedule is needed unless a not guilty plea is indicated, but the conviction must be noted on the case summary and revealed to the prosecutor

Where a summary or either-way offence is likely to end in a guilty plea, paragraph 6.4 says a schedule is not required unless a not guilty plea is entered or indicated. But paragraph 6.5 preserves the common law duty: material that might assist the defence with early preparation or at a bail hearing, such as a key witness's relevant previous convictions, must be noted on the case summary and revealed to the prosecutor, who decides whether it is disclosed. So 'no duty at all' is wrong, and it is the prosecutor, not the disclosure officer, who makes the disclosure decision.

Source: CPIA 1996 Code of Practice (2020) paras 6.3 to 6.5

Evidence and procedure Worked question 4

Sensitive unused material meets the test for prosecution disclosure, but the police want it withheld in the public interest. Who decides whether it may be withheld, and what follows if disclosure is ordered?

A. The disclosure officer decides, by listing it on the sensitive schedule with the reasons; the defence cannot challenge that decision at trial or on appeal

B. The chief officer of police decides by issuing a public interest immunity certificate; the court must accept the certificate as conclusive

C. Correct: The court decides, on an application by the prosecutor; if the court orders disclosure, the material must be disclosed if the case is to proceed

D. The prosecution and defence agree it between them at the plea and trial preparation hearing; the court has no role in the decision

Under s.3(6) CPIA 1996, material must not be disclosed to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly. Paragraph 10.9 of the Code adds that if the court decides the interests of the defence outweigh the public interest, the material must be disclosed if the case is to proceed, although the court may allow redaction, summaries or admissions. Listing material on the sensitive schedule only reveals it to the prosecutor; it is not a decision to withhold it.

Source: CPIA 1996 s.3(6); CPIA Code of Practice (2020) para 10.9

Evidence and procedure Worked question 5

Initial disclosure has been served in a wounding case. The defence statement then says the defendant acted in self-defence because the complainant came at him with a knife. Among the retained unused material is a neighbour's 999 call saying the complainant was waving something shiny. What must the disclosure officer now do?

A. Nothing further, because initial disclosure has already been completed and the schedules certified, and a defence statement affects only the prosecutor's own duties

B. Correct: Review the retained material in light of the defence statement, point the prosecutor to the 999 call as capable of assisting the defence, and certify again

C. Wait for the defence to apply to the court under section 8 for specific disclosure of the 999 call before reviewing any of the retained unused material again

D. Send the 999 recording straight to the defence, because once a defence statement has been served the disclosure officer deals directly with the defence solicitor

Section 7A CPIA 1996 places a continuing duty on the prosecutor to keep disclosure under review. Paragraph 8.3 of the Code requires the disclosure officer, after a defence statement, to look again at retained material and draw the prosecutor's attention to anything that might reasonably be considered capable of undermining the prosecution case or assisting the accused, and paragraph 9.1 requires a fresh certificate. A defence application under s.8 is a remedy for the defence, not a precondition for the police reviewing material.

Source: CPIA 1996 s.7A; CPIA Code of Practice (2020) paras 8.2, 8.3 and 9.1

Evidence and procedure Worked question 6

A case has been sent to the Crown Court for trial and the prosecution has served initial disclosure. What is the position on the defence statement?

A. It is voluntary, and if one is given it must be served within 14 days of initial disclosure by the prosecutor

B. It is compulsory, and must be served within 28 days of the defendant being charged, with no power to extend

C. It is voluntary, but the court may draw adverse inferences if one is not served within 7 days of initial disclosure

D. Correct: It is compulsory, and must be served within 28 days of initial disclosure unless the court extends that period

In Crown Court cases s.5 CPIA 1996 makes the defence statement compulsory. The 2011 Defence Disclosure Time Limits Regulations set the period at 28 days from when the prosecutor complies or purports to comply with initial disclosure under s.3, and the court can extend it on an application made within that period. The 14-day voluntary statement is the magistrates' court position under s.6, and the clock runs from initial disclosure, not from charge.

Source: CPIA 1996 ss.5 and 6; CPIA (Defence Disclosure Time Limits) Regulations 2011 (SI 2011/209)

More practice: our toolkit (we make it) has a larger bank of checked Evidence and procedure questions, a timed sitting and progress tracking, at the exam prep toolkit, and the free sergeant exam mini mock is a short timed set. Neither replaces the Blackstone's Manuals, which are the syllabus.

Where this sits in Blackstone's: chapter map

The chapter numbers below are the Blackstone's 2026 edition chapters as listed in Appendix A of the College's 2026 candidate handbook (September 2025). We could not fetch the 2027 handbook's Appendix A, so the 2027 edition's numbering has not been verified. Check the contents page of the edition you sit before you rely on any number here. See which Blackstone's edition for the edition question.

Evidence and procedure volume, chapters 2.4 and 2.5 (2026 edition list)
Chapter	Title	What the matching Code section covers (our summary)	Law on this page
2.5.1	Disclosure of Evidence: Introduction	Not read; we do not state its content (title only)	Related statute on this page: s.1, s.3, s.21
2.5.2	Failure to Comply	Not read; we do not state its content (title only)	Not mapped to this page
2.5.3	Disclosing Initial Details of the Prosecution Case	Not read; we do not state its content (title only)	Not mapped to this page
2.5.4	Code 1: Introduction	Who the Code applies to, England and Wales only	Code 1.1 to 1.4
2.5.5	Code 2: Definitions	Investigator, OIC, disclosure officer, prosecutor, relevant, sensitive	Code 2.1
2.5.6	Code 3: General Responsibilities	Roles, conflict of interest, reasonable lines of inquiry, third parties, reassignment	Code 3.1 to 3.7 (one March 2026 row)
2.5.7	Code 4: Recording of Information	Record at the time or as soon as practicable; negative information	Code 4.1 to 4.4
2.5.8	Code 5: Retention of Material	Duty to retain, categories, periods	Code 5.1 to 5.10 (one March 2026 row)
2.5.9	Code 6: Preparation of Material for Prosecutor	Schedules, sensitive material, redaction	Code 6.1 to 6.16 (one March 2026 row)
2.5.10	Code 7: Revelation of Material to Prosecutor	Timing, what is copied, what is inspected	Code 7.1 to 7.7
2.5.11	Code 8: Subsequent Action by Disclosure Officer	Amended schedules, continuing duty, re-review after defence statement	Code 8.1 to 8.3, s.7A
2.5.12	Code 9: Certification by Disclosure Officer	Signed and dated certificate each time	Code 9.1
2.5.13	Code 10: Disclosure of Material to Accused	Prosecutor review, timing, copy or inspect, public interest outcome	Code 10.1 to 10.9, s.3(6)
2.4.1 to 2.4.4	Exclusion of Admissible Evidence: Introduction, Confessions, Exclusion of Evidence Generally, Entrapment	Not read (titles only). This page summarises ss.76, 78 and 82 PACE from the statute and does not cover entrapment	PACE s.76, s.78, s.82

In the College's March 2026 sergeants' subject breakdown, the Disclosure of evidence skill lists three rows (Disclosure Code of Practice 3, 5 and 6), and Exclusion of admissible evidence lists four (Confessions twice, Entrapment, Exclusion of evidence generally). That is a count of one sitting, out of 140 scored questions, and the College says the breakdown should not be used to predict future papers. It does tell you that Code paragraphs on responsibilities, retention and preparation of schedules were examined in that sitting.

Worked scenarios

1. The victim as disclosure officer A constable is assaulted outside a bar. A suspect is charged and the case is listed for trial. A supervisor suggests the constable should also be the disclosure officer because they know the case best. The Code bars it: para 3.3 says no one may be appointed, or continue, as disclosure officer where that is likely to give a conflict of interest, and uses the victim as its example. The supervisor should seek a more senior officer's advice if in doubt, then the prosecutor's. Someone else is appointed and the identity is recorded.

2. The 999 call nobody listed A wounding is charged. Initial disclosure goes out. The defence statement says self-defence because the complainant had a knife. The disclosure officer remembers a neighbour's 999 call about something shiny in the complainant's hand. A 999 record describing the incident is likely to fall within the Code 6.6 list, so it should already have been scheduled. After the defence statement, para 8.3 requires the disclosure officer to look again at retained material, draw the prosecutor's attention to anything that might assist the accused, and certify again under para 9.1. Waiting for a s.8 application is wrong.

3. Released after ten weeks A defendant is convicted and sentenced to a short custodial term. He is released ten weeks after the date of conviction. There is no appeal. The officer asks if the exhibits can go for disposal on release. They cannot: para 5.9 sets a floor of six months from conviction where release is earlier than that. Had he been fined, six months from conviction would apply. If the defendant had lodged an appeal that was still pending at the six month point, para 5.10 would extend retention until it was determined.

4. The informant whose life is at risk Unused material in a drugs case would reveal a covert human intelligence source who would, on intelligence, be killed if identified. Normally such material goes on the sensitive schedule with reasons. Para 6.15 applies where compromise would be likely to lead directly to loss of life or directly threaten national security: the existence is revealed to the prosecutor separately, by the investigator who knows the detail (6.16), who must ensure the prosecutor can inspect it. The prosecutor decides whether the test is met and whether a court ruling is needed.

5. The guilty plea that does not materialise A man is charged with a summary offence and admits it in interview, so no schedule is prepared (para 6.4). The key witness has a recent conviction for perverting the course of justice. Under para 6.5 that goes on the case summary for the prosecutor even though no schedule is required. At court he pleads not guilty. A schedule must now be provided as soon as possible after the not guilty plea is entered or indicated (para 7.2), and the magistrates' court timing in para 10.4 applies to initial disclosure.

6. A sergeant asked to sign off an unfinished schedule On a busy night an officer gives a sergeant a schedule with a block entry reading 'misc CCTV'. Para 6.9 requires each description to show the nature of the item with enough detail for the prosecutor to decide whether to inspect it; block listing is allowed only where listing each item would be disproportionate (6.10), and any item that might meet the test must still be listed individually (6.11). The AG Guidelines (para 61) say abbreviations should be avoided because material may be overlooked. In our view a schedule that fails that standard should go back for correction before it reaches the prosecutor. The Code does not itself give a sergeant a sign-off role, so check your force policy.

Disclosure revision checklist

Name the three Code roles from memory: investigator, officer in charge, disclosure officer, and what each does (para 2.1, 3.1 to 3.4).
State who decides: lines of inquiry (investigator), relevance for retention (police), disclosure test (prosecutor), withholding (court).
Recite the retention periods: until charge decision; until acquittal, conviction or decision not to proceed; custody release but not under 6 months; 6 months otherwise; appeal or CCRC extends.
Know which cases need a schedule and which do not (paras 6.3 and 6.4) and what still applies to a likely guilty plea (6.5).
Know what each of the MG6C, MG6D and MG6E is for, and that the Code does not name them.
Know the s.3 disclosure test wording and that s.7A repeats it as a continuing duty.
Know defence statement basics: compulsory in Crown Court, voluntary in magistrates' court, 28 and 14 days from initial disclosure.
Know that the disclosure officer re-reviews after a defence statement and certifies again (8.3, 9.1).
Know the exceptional route for life-threatening sensitive material (6.15, 6.16).
Know that s.8 is the accused's application and that the court decides public interest applications.
Know the difference between s.76 (mandatory exclusion of confessions) and s.78 (discretionary exclusion of unfair evidence).
Do the six worked questions below without looking, then check each against the Code paragraph quoted.

For the related PACE material a sergeant needs, read PACE 1984 for sergeants and the searches and arrest topic page. The full set of promotion guides is in the promotion hub.

What we could not verify

The Blackstone's text itself. We did not read chapters 2.4 or 2.5. Where this page describes what a chapter covers, it is inferred from the chapter titles in the College's handbook and from the primary sources, not from the Manuals. The Manuals are the syllabus, and where they differ from this page, follow them.
2027 chapter numbers. We could not fetch the 2027 handbook's Appendix A. The chapter map uses the 2026 edition list from the September 2025 handbook.
Whether the exam uses MG6 form names. The Code does not name them. They come from CPS guidance, and we do not know if the exam uses them.
Section 6B and the period for the prosecutor's s.7A(5) response. legislation.gov.uk marks s.6B (updated defence statements) as prospective, so we have not treated it as in force, and we did not look for a commencement order. Section 12 delegates the s.7A(5) period to regulations. The 2011 Regulations deal only with ss.5, 6 and 6C. Where no s.12 regulations are in force for s.7A, s.13(2) says the prosecutor must act as soon as is reasonably practicable after the accused gives the defence statement; we did not find any s.7A regulations, but did not search exhaustively.
Later changes to the Code or the Guidelines. We found the 2020 Code and 2024 Guidelines as the current published versions on GOV.UK. We did not search for draft or pending revisions.
A sergeant's duties. The Code gives none by name. What a sergeant signs off is a matter of force policy that we have not checked.
Retention under other regimes. Force retention schedules, national records guidance and PACE s.22 detail (the Code refers to s.22) were not checked beyond the Code's own references.
Case law. We state no rule on the strength of a case. Cases named in the CPS Manual and Guidelines were not read in the law reports.
Criminal Procedure Rules. The three PII application types come from the CPS Manual's description of Part 15, not from the Rules.
Entrapment and the rest of chapter 2.4. Not covered. Section 76 and 78 are summarised from the statute only.
Weighting. The only weighting figure is our row count of the March 2026 breakdown. We have no data for other sittings and the College says not to predict from it.

Quick answers

Frequently Asked Questions

Who decides whether material is relevant under the CPIA Code?

For recording, retention and scheduling, the police do. The Code (para 2.1) says material may be relevant if it appears to an investigator, the officer in charge or the disclosure officer to have some bearing on any offence or person being investigated, or on the surrounding circumstances, unless it is incapable of having any impact on the case. That is a low threshold and it is applied by the police. The separate question of whether material must be given to the defence is for the prosecutor under s.3 and s.7A.

Who decides what counts as a reasonable line of inquiry?

The investigator. Paragraph 3.5 of the Code says it is a matter for the investigator, with the assistance of the prosecutor if required, to decide what constitutes a reasonable line of inquiry in each case. The prosecutor can advise and can ask for more to be done (Attorney General's Guidelines 2024, para 29), but the Code puts the decision with the investigator. Lines of inquiry that point away from the suspect count just as much as those that point towards.

What is the difference between the officer in charge and the disclosure officer?

The officer in charge directs the investigation and must make sure proper procedures are in place for recording and retaining material. The disclosure officer examines the retained material, reveals it to the prosecutor, certifies that this has been done and, when the prosecutor asks, discloses material to the accused (Code para 2.1). The Code says the functions are separate, although one person may perform more than one of them depending on the complexity of the case and force arrangements (para 3.1).

How long must unused material be retained?

Until a decision is taken whether to charge; then, if proceedings start, at least until acquittal, conviction or the prosecutor deciding not to proceed. After a conviction the minimum is release from custody (or discharge from hospital) for a custodial sentence or hospital order, but never less than six months from conviction, and six months from conviction in all other cases. If an appeal or a Criminal Cases Review Commission application is in progress, keep it until that is determined (Code paras 5.7 to 5.10). These are minimums, and PACE s.22 governs retention of seized property.

Can the disclosure officer be the victim of the offence?

No. Paragraph 3.3 of the Code says an individual must not be appointed as disclosure officer, or continue in that role, if that is likely to result in a conflict of interest, and gives the disclosure officer being the victim of the alleged crime as an example. If there is doubt, the advice of a more senior officer must always be sought and, if doubt remains, the advice of a prosecutor. The officer in charge countersigning the schedules does not cure the conflict.

What are the MG6C, MG6D and MG6E?

They are the standard police forms used to carry out the Code. According to the CPS Disclosure Manual, the MG6C lists non-sensitive unused material and is disclosed to the defence, the MG6D lists sensitive material and is not disclosed to the defence, and the MG6E is the disclosure officer's report, used to draw the prosecutor's attention to material that might meet the disclosure test and to certify. The Code itself does not name the forms, and we could not verify whether the exam uses the form names, so learn the functions first.

Is a defence statement compulsory?

In the Crown Court, yes: s.5 CPIA 1996 requires the accused to give a defence statement to the court and the prosecutor. In magistrates' court cases it is voluntary under s.6. The time limit under the 2011 Regulations is 28 days (Crown Court) or 14 days (magistrates' court) from the day the prosecutor complies, or purports to comply, with initial disclosure under s.3. The court may extend the period on the accused's application made within the period.

What happens if the defence statement is late, or the defendant changes the defence at trial?

Section 11 allows the court or any other party to comment, and allows the court or jury to draw such inferences as appear proper in deciding guilt. It applies where, for example, in a Crown Court case no statement is given, any statement is late, inconsistent defences are set out, or at trial the accused puts forward a defence not mentioned in it, or relies on a fact not mentioned in breach of s.6A. When the defence differs, the court must have regard to the extent of the difference and any justification.

Does the duty to disclose end once initial disclosure is served?

No. Section 7A is a continuing duty on the prosecutor, running until the accused is acquitted or convicted or the prosecutor decides not to proceed. The prosecutor must keep under review, in particular following a defence statement, whether there is undisclosed prosecution material that might reasonably be considered capable of undermining the prosecution case or assisting the defence. The Code (para 8.3) requires the disclosure officer to look again at retained material after a defence statement, and para 9.1 requires a fresh certificate.

Who decides whether sensitive material is withheld on public interest grounds?

The court, on an application by the prosecutor (s.3(6), s.7A(8), s.8(5)). Neither the disclosure officer nor the chief officer decides it. Listing material on the sensitive schedule only reveals it to the prosecutor. If the court decides the defence interest outweighs the public interest in withholding, the material must be disclosed if the case is to proceed, although the court may agree redaction, summaries or admissions (Code para 10.9).

What is the s.8 application?

It is the accused's route to the court if they think the prosecutor has not complied with s.7A. It is available once a defence statement has been given and the prosecutor has complied, purported to comply or failed to comply with the s.7A(5) step. The accused needs reasonable cause to believe that there is prosecution material required to be disclosed under s.7A that has not been. It is a defence remedy, not a precondition for the police to review their material.

If a police officer breaks the CPIA Code, is that a criminal offence?

Not in itself. Section 26(2) says a failure to comply with the Code does not in itself render a police officer liable to criminal or civil proceedings. But the Code is admissible in evidence and, under s.26(4), a court must take into account a provision of the Code or a failure to comply with it where it is relevant to a question in the proceedings. Disclosure failures can still lead to stayed or collapsed prosecutions and to misconduct proceedings, which are separate routes.

How much of the exam is disclosure?

The College does not publish a fixed weighting and the exam tests only the law as it appears in the Blackstone's Manuals edition for the sitting. For one data point only, the College's March 2026 sergeants' subject breakdown lists three scored questions under Disclosure of evidence (Code paras 3, 5 and 6) and four under Exclusion of admissible evidence, out of 140. That is a count for that sitting alone and the College says it is not a prediction.

Do I need to know case law for disclosure?

The exam tests the Manuals, so the law as the Manuals state it matters more than any outside reading. The statutory test in s.3 and s.7A and the Code paragraphs are the core. We have not read the Blackstone's text, so we cannot say which cases it uses, and this page does not rely on case law for any rule. The practice questions on this page turn on who does what and when, and on Code paragraphs, rather than on case names.

Evidence

Sources and how we checked them

Every factual claim on this page was written from the sources below, read on 4 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.

Criminal Procedure and Investigations Act 1996, Part I (ss.1 to 21A), legislation.gov.uk, as in force — we opened ss.1, 2, 3, 5, 6, 6A, 6B, 6C, 7A, 8, 9 (repealed), 10, 11, 12, 14, 15, 16, 17, 21 and 21A: scope of Part I, the s.3 test, compulsory and voluntary defence statements, contents (s.6A), updated statements (s.6B), witness notices (s.6C), continuing duty (s.7A), s.8 application, public interest orders, review (ss.14 and 15), faults by the accused (s.11) (accessed 4 October 2026)
Criminal Procedure and Investigations Act 1996, Part II (ss.22 to 27), legislation.gov.uk, as in force — definition of a criminal investigation (s.22); what the code must secure and may provide, including retention periods extending past conviction or acquittal (s.23); effect of the code, admissibility and the no-liability rule (s.26) (accessed 4 October 2026)
Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 (SI 2011/209) — 14 days (summary proceedings) and 28 days (Crown Court) from the day the prosecutor complies or purports to comply with s.3; weekend and bank holiday roll-over; extension on the accused's application made within the period. We read the version as made; the latest revised text of reg 2 on legislation.gov.uk is the same (accessed 4 October 2026)
Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice (revised 2020, in force 31 December 2020), GOV.UK — we read the full PDF: definitions (para 2.1), roles (paras 3.1 to 3.7), recording (4.1 to 4.4), retention (5.1 to 5.10), schedules and sensitive material (6.1 to 6.16), revelation (7.1 to 7.7), subsequent action (8.1 to 8.3), certification (9.1), disclosure to the accused (10.1 to 10.9) (accessed 4 October 2026)
Attorney General's Guidelines on Disclosure 2024 (published 29 February 2024, effective 29 May 2024), GOV.UK — we read the PDF and cite only paras 1 to 10 (principles and roles), 28 and 29 (lines of inquiry), 59 to 63 (schedules), 86 to 92 (material likely to meet the test) and 93 to 100 (disclosure management documents) (accessed 4 October 2026)
CPS Disclosure Manual, chapters 3, 4, 7, 8, 10 and 13 — roles; relevance, recording and retention; the MG6C, MG6D and MG6E forms; supervision of disclosure officers; types of public interest immunity application. This is CPS guidance, not law, and the chapters carry refresh dates of 2021 and 2022 (accessed 4 October 2026)
Police and Criminal Evidence Act 1984, ss.76, 78 and 82, legislation.gov.uk, as in force — confessions (s.76, including the burden on the prosecution and the definition of oppression in s.76(8)), exclusion of unfair evidence (s.78), definition of confession and preservation of the common law discretion (s.82) (accessed 4 October 2026)
College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — we counted rows by subject: 3 under Disclosure of evidence (Code paras 3, 5 and 6) and 4 under Exclusion of admissible evidence (Confessions twice, Entrapment, Exclusion of evidence generally); 31 Evidence and procedure rows in all. A count for March 2026 only (accessed 4 October 2026)
College of Policing: NPPF step two legal examinations candidate handbook 2026 (PDF, September 2025), Appendix A — the Blackstone's 2026 chapter list: 2.4 Exclusion of Admissible Evidence (2.4.1 to 2.4.4) and 2.5 Disclosure of Evidence (2.5.1 to 2.5.13). This is the 2026 edition list; we could not fetch the 2027 handbook's Appendix A (accessed 4 October 2026)

Related Guides

On this topic elsewhere

PACE Code C → Detention and interviews, the other half of Evidence and procedure. PACE for Sergeants → The wider PACE picture a supervisor must know. Searches and Arrest → How material comes into the investigation in the first place. Misconduct Regulations → Where disclosure failures can lead for the officer. What Comes Up → The published subject breakdowns in detail. Free Mini Mock → A short timed set to find your starting point.

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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, syllabus editions and prices change, so check the College of Policing's current candidate handbook and exam pages before you register or buy. Practice material on this site is original and is not real exam content. Details apply to England and Wales unless stated. Details are as checked on 4 October 2026.

Disclosure and the CPIA for the Sergeants Exam