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Disclosure of evidence and unused material

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Under the Criminal Procedure and Investigations Act 1996 the prosecution must disclose unused material that might reasonably be considered capable of undermining its case or assisting the defence (s.3), and keep this under review (s.7A). In the Crown Court the defence must serve a defence statement within 28 days, and failures can lead to adverse inferences (s.11).

Initial details of the prosecution case

The prosecution must provide initial details by the start of the day of the first hearing (Criminal Procedure Rules 2025 Part 8): a summary and any criminal record and, unless the defendant came from police custody, any interview account, statements and exhibits material to plea, allocation or sentence, and any victim impact statement. Disclosure under the 1996 Act concerns unused material: material gathered in the investigation that the prosecution does not rely on.

The investigators' duties

The CPIA Code of Practice (in force 31 December 2020) requires investigators to pursue all reasonable lines of inquiry, whether they point towards or away from the suspect, and to keep relevant material. A disclosure officer lists it on schedules:

The prosecution's duty

The defence statement

Asking for more

After serving a defence statement, the defence may apply to the court under s.8 if there is reasonable cause to believe material that should have been disclosed has not been (Criminal Procedure Rules 2025 r.15.5). Disclosed material may be used only for the case (s.17).

In practice

Early advice matters because the defence statement time limits are short.

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Authorities: Criminal Procedure and Investigations Act 1996 ss.3, 5, 6, 6A, 6C, 6E, 7A, 8, 11, 17, 18; Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 regs 2-3; Criminal Procedure Rules 2025 Parts 8 and 15; CPIA 1996 (section 23(1)) Code of Practice (in force 31 December 2020); Attorney General's Guidelines on Disclosure (2024, effective 29 May 2024); CPS Disclosure Manual chapters 7 and 8

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