Explanatory note

Section 23 of the Criminal Appeal Act 1995 (c. 35) provides that it is an offence for a person who is or has been a member or employee of the Criminal Cases Review Commission (“the Commission”) to disclose information obtained by the Commission in the exercise of their functions, unless the disclosure is the subject of an exception under section 24 of that Act. The same applies to the authorisation by a member of a disclosure made by an employee. One of the exceptions specified in section 24 is where disclosure is made in circumstances in which the disclosure of information is permitted by an order made by the Secretary of State.

Article 3 of this Order permits a member or an employee of the Commission to disclose information obtained in the exercise of the Commission’s functions (or for a member to authorise an employee to disclose such information) to a member of the Daniel Morgan Independent Panel (“the Panel”).

The statement establishing the Panel is available at https://www.parliament.uk/documents/commons-vote-office/May-2013/10th-May-2013/6.HOME-Daniel-Morgan.pdf . A copy of the Panel’s Terms of Reference can be obtained by writing to: Daniel Morgan Independent Panel; Home Office; 6th Floor, Fry Building; 2 Marsham Street; London SW1P 4DS.

No impact assessment has been carried out for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.