Disclosure and PACE
Freedom of Information (FOI) Act request ref: 01/FOI/23/004795/H
Version Date: 11/04/2024
The Major Crime Investigation Department have provided the following information.
could you please tell me the correct police procedure regarding disclosure to solicitors.
1. Exactly how and when is disclosure given to a suspects solicitor in relation to an interview under caution
The investigator meets with the suspect’s legal adviser prior to conducting the suspect interview. The pre-interview disclosure is normally provided in a written format. The purpose is to provide the legal adviser with sufficient material about the investigation to help them advise their client prior to interview.
The Police and Criminal Evidence (PACE) codes of practice C 11.1A states, ‘An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which, under paragraph 10.1, must be carried out under caution. Before a person is interviewed, they and, if they are represented, their solicitor must be given sufficient information to enable them to understand the nature of any such offence, and why they are suspected of committing it (see paragraphs 3.4(a) and 10.3), in order to allow for the effective exercise of the rights of the defence. However, whilst the information must always be sufficient for the person to understand the nature of any offence (see Note 11ZA), this does not require the disclosure of details at a time which might prejudice the criminal investigation. The decision about what needs to be disclosed for the purpose of this requirement therefore rests with the investigating officer who has sufficient knowledge of the case to make that decision. The officer who discloses the information shall make a record of the information disclosed and when it was disclosed. This record may be made in the interview record, in the officer’s report book or other form provided for this purpose.’
Note 11ZA states ‘The requirement in paragraph 11.1A for a suspect to be given sufficient information about the offence applies prior to the interview and whether or not they are legally represented. What is sufficient will depend on the circumstances of the case, but it should normally include, as a minimum, a description of the facts relating to the suspected offence that are known to the officer, including the time and place in question. This aims to avoid suspects being confused or unclear about what they are supposed to have done and to help an innocent suspect to clear the matter up more quickly.’
- Is disclosure given immediately prior to the suspects solicitor a meeting under caution at the police station
The investigator meets with the suspect’s legal adviser prior to conducting the suspect interview. The timings can vary though pre-interview disclosure is completed ahead of the interview when the investigator and solicitor are both ready.
- is disclosure given to a suspects solicitor when solicitor requests it.
As above, the timings can vary though it is completed ahead of the interview when the investigator and solicitor are both ready. The investigation may be ongoing gathering evidence and the investigator may not be ready to go ahead with an interview and equally the solicitor may be unavailable or committed with other clients. Early agreement is sought between both parties to agree a time for the investigator to provide pre-interview disclosure to the legal representative and allow them sufficient time to consult with their client.
- Is disclosure given to a suspects solicitor a day before the interview under caution or two days or a week or a month before the interview date. Please be specific
It is rare for pre-interview disclosure to be provided days or weeks before an interview, as this may prejudice a criminal investigation, and whilst it is rare to provide pre-interview disclosure days or weeks beforehand there is nothing to prevent this from happening. Normally pre-interview disclosure is given immediately before on the day of the interview for a Voluntary Attender or whilst the arrested person is in Police Custody.
- What PACE law is disclosure given under to a solicitor whose client has a meeting under caution regarding an alleged offence.
The Police and Criminal Evidence (PACE) codes of practice C revised 20 December 2023 - 11.1A & Note 11ZA as above.