The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

Subsequent action by disclosure officer

8.—(1) At the time a schedule of non-sensitive material is prepared, the disclosure officer may not know exactly what material will form the case against the accused, and the Director may not have given advice about the likely relevance of particular items of material. Once these matters have been determined, the disclosure officer must give the Director, where necessary, an amended schedule listing any additional material—

(a) which may be relevant to the investigation,

(b) which does not form part of the case against the accused,

(c) which is not already listed on the schedule, and

(d) which he believes is not sensitive,

unless he is informed in writing by the Director that the Director intends to disclose the material to the defence.

(2) Article 13 of the Application Order imposes a continuing duty on the Director, for the duration of proceedings against the accused for a service offence, to disclose material which meets the tests for disclosure (subject to public interest considerations). To enable him to do this, any new material coming to light should be treated in the same way as the earlier material.

(3) In particular, after a defence statement has been given, the disclosure officer must look again at the material which has been retained and must draw the attention of the Director to any material which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused; and he must reveal it to him in accordance with paragraphs 7(4) and 7(5).