Evidence and Procedure

Disclosure Practice Questions

Free NPPF Step 2 Disclosure questions with full answers, for Sergeant and Inspector candidates.

15+ questions in the full bankType A format

About this topic

Disclosure questions test the duties of the prosecution and the defence under the Criminal Procedure and Investigations Act 1996 and its Code of Practice.

Know the test for initial disclosure, when a defence statement is required, the continuing duty to review, and the roles of the investigator, disclosure officer and prosecutor.

Key legislation and cases

Criminal Procedure and Investigations Act 1996, ss.3-7A
CPIA 1996 Code of Practice

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

Norris is charged with fraud. The prosecution have served initial disclosure. Norris's solicitor is considering whether to serve a defence statement. Which of the following correctly states the position in Crown Court proceedings?

AA defence statement is voluntary in Crown Court proceedings - there is no obligation to serve one and no adverse inference can be drawn from failing to do so
BA defence statement is mandatory in Crown Court proceedings - failure to serve one or serving one that is incomplete or inconsistent with the defence at trial may result in adverse comment or inference
CA defence statement is mandatory in Crown Court proceedings but is served directly to the prosecution only - the court has no role in receiving or considering it
DA defence statement is mandatory in Crown Court proceedings but must be served within 7 days of the prosecution's initial disclosure - failure to meet this deadline means the right to serve a statement is lost

Show answer and explanation

Answer: B

Under s.5 Criminal Procedure and Investigations Act 1996 service of a defence statement is mandatory in Crown Court proceedings. It is served on both the prosecution and the court. Under s.11 CPIA 1996 if the defendant fails to give a defence statement, gives it outside the time limit, sets out inconsistent defences, or at trial relies on a defence not mentioned in the statement the court or jury may draw such inferences as appear proper. The time limit is 28 days from initial prosecution disclosure.

s.5 and s.11 Criminal Procedure and Investigations Act 1996

s.5(1): where this Part applies the accused must give a defence statement to the court and the prosecutor. s.11: if the accused fails to give a defence statement the court or jury may draw such inferences as appear proper.

A: Defence statements are mandatory in Crown Court proceedings - not voluntary. This is a fundamental distinction between Crown Court and magistrates court proceedings where defence statements are voluntary.
C: The defence statement is served on both the prosecution and the court. Serving it only on the prosecution would not satisfy the requirements of the CPIA 1996.
D: The time limit is 28 days from initial prosecution disclosure - not 7 days. Serving outside this period does not mean the right is lost but may itself attract adverse comment under s.11.

Worked question 2 of 2Standard

DC Harrison is the disclosure officer on a fraud investigation. The case has been sent to the Crown Court for trial. She asks the CPS when initial disclosure must be provided to the defence. Which of the following correctly states the prosecution's duty of initial disclosure under the CPIA 1996?

AThe prosecution must disclose all material in their possession to the defence before the first hearing at the Crown Court.
BThe prosecution must disclose material that they intend to rely on at trial - unused material is disclosed only if specifically requested by the defence.
CThe prosecution must disclose any prosecution material which might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the accused.
DThe prosecution must disclose all unused material to the defence regardless of whether it assists or undermines either side.

Show answer and explanation

Answer: C

Under s.3 CPIA 1996 the prosecution must make initial disclosure of any prosecution material which has not previously been disclosed and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused. This is not a duty to disclose everything - it is a targeted duty focused on material that is capable of helping the defence or undermining the prosecution. The test is objective and the disclosure officer must schedule all unused material to assist that process.

s.3 Criminal Procedure and Investigations Act 1996

s.3(1): The prosecutor must disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused.

A: The duty is not to disclose all material - only material meeting the statutory test. Disclosing everything would breach public interest immunity principles and the statutory framework.
B: The disclosure regime under CPIA 1996 is specifically concerned with unused material. Material relied upon at trial is served as part of the prosecution case, not through the disclosure regime.
D: The duty to disclose all unused material regardless of relevance is not the CPIA test. The test under s.3 is whether the material might reasonably be considered capable of undermining the prosecution or assisting the defence.

Practise every Disclosure question

The full bank has 15+ questions on Disclosure and over 1,100 across the whole syllabus, each with the statute and an explanation for every option. £29 for 6 months.

Get full access Try 5 free questions