Course Catalogue

Justice Studies

Breakdown of delivery hours per week. There will be 33 hours of total delivery for this Module. This will include 3 hours online presentations every two weeks for each of the 7 topics. Additional direct contact is made as and when required between the Student and Module and / or Programme lead. The specific module will be open to all Students. This programme will critically examine the principles of disclosure, taking the student through a structured, methodological process, discussing the common law principles that apply, the statutory law as set out in the Criminal Procedure and Investigations Act 1996 and the supporting Code of Practice. The module will explore the role and responsibilities of investigators, disclosure officers and the Senior Investigating Officer, the disclosure tests contained within the legislation and the requirements placed on the prosecution and the defence. It will also evaluate the disclosure tests within Criminal Procedure and Investigations Act 1996 and the requirements placed on the prosecution and defence. There will be a focus on managing disclosure in complex cases, the scheduling of material, dealing with sensitive material, the application of Public Interest Immunity (PII) and considerations around third party material. The module will examine how the Investigating Officer (IO) and/or Senior Investigating Officer (SIO) will implement and develop strategies to deal with unused material, it will also deal with strategic issues including the role of the Crown Prosecution service as the prosecuting authority. The module will pay special attention to how the Investigative team and the CPS should deal with product generated covert activity including interception, surveillance, covert human intelligence Sources (CHIS) and handling national security related claims for public interest immunity. Proper disclosure is of fundamental importance to ensuring successful prosecution of investigations involving intelligence and covert activity. Effective disclosure can protect both the rights of suspects and sources. It can avoid contributing miscarriages of justice (as was seen in the Birmingham 6 and Guildford 4 trials). Correct disclosure can protect sensitive methodology for existing and future operations. Finally is disclosure undertaken in adherence to the law can assist in maintaining public confidence in the judicial system. The Crown Prosecution Service’s own manual for its prosecutors laid out the following potential consequence of getting disclosure wrong • the accused may raise a successful abuse of process argument at the trial; • the prosecutor may be unable to argue for an extension of the custody time limits; • the accused may be released from the duty to make defence disclosure; • costs may be awarded against the prosecution for any time wasted if prosecution disclosure is delayed; • the court may decide to exclude evidence because of a breach of the CPIA or Code of Practice, and the accused may be acquitted as a result; • the appellate courts may find that a conviction is unsafe on account of a breach of the CPIA or Code of Practice; or • disciplinary proceedings may be instituted against the prosecutor or a police officer. The module will enable students to develop an advanced and critical knowledge of key methodological issues. Students will critically assess these provisions in the context of debate around human rights provisions (i.e. Article 2 - right to life, Article 5 – right to liberty, Article 6 - right to fair trial and Article 8 – right to privacy) The curriculum will allow students to generate a critical appreciation of the complexities of disclosure and the handling of sensitive material. The module will use real world examples to advance a student’s critical appreciation of the logistical, political and legal issues related to the application of effective disclosure.

Outline Syllabus:

• Introduction to the disclosure of Unused Material • What constitutes unused material • The nature of sensitive material • Complex cases and third-party material • Defence disclosure, defence applications for disclosure and the continuing duty of disclosure. • Consequences of failures in disclosure and key partners. • Best practice in managing disclosure relating to serious organised and terrorism investigations.
• The programme will initially evaluate the strategic approaches, current legislation
  and assess the relationship between financial investigation, the proceeds of crime
  and asset recovery. It will take the student through a systematic and structured
  approach in considering the offences, powers and investigation processes involved,
  also assessing those same issues in relation to money laundering

Module Overview:
This module introduces students to the following key topics:

• Introduction to the disclosure of Unused Material
• What constitutes unused material
• The nature of sensitive material
• Complex cases and third-party material
• Defence disclosure, defence applications for disclosure and the continuing duty of disclosure
• Consequences of failures in disclosure and key partners
• Best practice in managing disclosure relating to serious organised and terrorism investigations.
• Proceeds of Crime Act (POCA)/Asset Recovery/Money Laundering Legislation

Additional Information:
Corresponding CPD Module: 7117PSCPD Outline Core Topics Development of Disclosure rules LEARNING OUTCOMES: 1,2,3 Approaches to Disclosure - International comparisons LEARNING OUTCOMES: 1,2,3,4 What constitutes Unused material? LEARNING OUTCOMES: 1,2,3,4 The nature of sensitive unused material LEARNING OUTCOMES: 1,2,3,4 Complex cases and Third party material LEARNING OUTCOMES: 1,2,3,4 Defence disclosure, Defence Applications for Disclosure and the Continuing Duty of Disclosure LEARNING OUTCOMES: 1,2,3,4 Public Interest Immunity LEARNING OUTCOMES: 1,3,4