CPIA ACTUAL TEST 5 FINAL PAPER COMPLETE
QUESTIONS AND ANSWERS VERIFIED
PREPARATION
◉ What part of the CPIA 1996 governs the disclosure of unused
material?
Answer: Part I (ss. 1 to 21A)
◉ What is the purpose of the CPIA Code?
Answer: To supplement the CPIA 1996 and guide the disclosure
process.
◉ What triggered the development of the CPIA 1996?
Answer: High-profile miscarriages of justice related to failures in
disclosure.
◉ What was the Royal Commission on Criminal Justice also known
as?
Answer: The Runciman Commission
◉ When does the CPIA 1996 apply?
Answer: In cases sent to the Crown Court for trial on indictment.
,◉ What is the statutory duty of police officers under the CPIA 1996?
Answer: To record and retain all relevant information and material
gathered during an investigation.
◉ What must the prosecution do with material that meets the
statutory test under CPIA 1996?
Answer: Disclose it along with a schedule of all other recorded
material.
◉ What is the defence required to do under the CPIA 1996?
Answer: Inform the prosecution of the case they intend to present at
trial.
◉ What happens if there is a dispute about disclosure of unused
material?
Answer: Applications can be made to the court regarding the
disclosure.
◉ What is the significance of the ECHR, Article 6(3)(b) in relation to
disclosure?
Answer: It protects the defendant's right to adequate time and
facilities to prepare their defence.
,◉ What does the CPIA 1996 say about common law rules?
Answer: It displaces common law rules regarding disclosure, except
for public interest considerations.
◉ What is the 'golden rule' regarding disclosure according to Lord
Bingham?
Answer: Full disclosure of material that weakens the prosecution's
case or strengthens the defendant's case should be made.
◉ What is the role of a 'disclosure officer' under the CPIA Code?
Answer: Responsible for examining material retained by the police
and revealing it to the prosecutor.
◉ What is a 'criminal investigation' as defined by the CPIA Code?
Answer: An investigation conducted by police officers to ascertain
whether a person should be charged with an offence.
◉ What must investigators do with negative information during an
investigation?
Answer: Record it in a durable or retrievable form.
◉ What is the consequence for a defendant who fails to provide
timely case details?
, Answer: Sanctions may be laid down for providing false or
inconsistent information.
◉ What is the commencement date for the disclosure provisions of
the CPIA 1996?
Answer: 1 April 1997 for any alleged offence for which a criminal
investigation began.
◉ What is the role of the 'officer in charge of an investigation'?
Answer: Responsible for directing the investigation and ensuring
proper procedures are followed.
◉ What is the significance of the case Ward [1993] 1 WLR 619?
Answer: It highlighted failures in disclosure that contributed to
miscarriages of justice.
◉ What does the CPIA 1996 require regarding the retention of
records?
Answer: Clear records of the identities of individuals performing
roles in the investigation must be maintained.
◉ What is the purpose of the staged approach to disclosure under
the CPIA 1996?
QUESTIONS AND ANSWERS VERIFIED
PREPARATION
◉ What part of the CPIA 1996 governs the disclosure of unused
material?
Answer: Part I (ss. 1 to 21A)
◉ What is the purpose of the CPIA Code?
Answer: To supplement the CPIA 1996 and guide the disclosure
process.
◉ What triggered the development of the CPIA 1996?
Answer: High-profile miscarriages of justice related to failures in
disclosure.
◉ What was the Royal Commission on Criminal Justice also known
as?
Answer: The Runciman Commission
◉ When does the CPIA 1996 apply?
Answer: In cases sent to the Crown Court for trial on indictment.
,◉ What is the statutory duty of police officers under the CPIA 1996?
Answer: To record and retain all relevant information and material
gathered during an investigation.
◉ What must the prosecution do with material that meets the
statutory test under CPIA 1996?
Answer: Disclose it along with a schedule of all other recorded
material.
◉ What is the defence required to do under the CPIA 1996?
Answer: Inform the prosecution of the case they intend to present at
trial.
◉ What happens if there is a dispute about disclosure of unused
material?
Answer: Applications can be made to the court regarding the
disclosure.
◉ What is the significance of the ECHR, Article 6(3)(b) in relation to
disclosure?
Answer: It protects the defendant's right to adequate time and
facilities to prepare their defence.
,◉ What does the CPIA 1996 say about common law rules?
Answer: It displaces common law rules regarding disclosure, except
for public interest considerations.
◉ What is the 'golden rule' regarding disclosure according to Lord
Bingham?
Answer: Full disclosure of material that weakens the prosecution's
case or strengthens the defendant's case should be made.
◉ What is the role of a 'disclosure officer' under the CPIA Code?
Answer: Responsible for examining material retained by the police
and revealing it to the prosecutor.
◉ What is a 'criminal investigation' as defined by the CPIA Code?
Answer: An investigation conducted by police officers to ascertain
whether a person should be charged with an offence.
◉ What must investigators do with negative information during an
investigation?
Answer: Record it in a durable or retrievable form.
◉ What is the consequence for a defendant who fails to provide
timely case details?
, Answer: Sanctions may be laid down for providing false or
inconsistent information.
◉ What is the commencement date for the disclosure provisions of
the CPIA 1996?
Answer: 1 April 1997 for any alleged offence for which a criminal
investigation began.
◉ What is the role of the 'officer in charge of an investigation'?
Answer: Responsible for directing the investigation and ensuring
proper procedures are followed.
◉ What is the significance of the case Ward [1993] 1 WLR 619?
Answer: It highlighted failures in disclosure that contributed to
miscarriages of justice.
◉ What does the CPIA 1996 require regarding the retention of
records?
Answer: Clear records of the identities of individuals performing
roles in the investigation must be maintained.
◉ What is the purpose of the staged approach to disclosure under
the CPIA 1996?
