{
  "url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-code-of-practice-armed-forces-order-2009/schedule/paragraph-6",
  "json_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-code-of-practice-armed-forces-order-2009/schedule/paragraph-6.json",
  "legislation": "uksi/2009/989",
  "legislation_title": "The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-and-investigations-act-1996-code-of-practice-armed-forces-order-2009",
  "path": "schedule/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Preparation of material for Director",
  "text": "(1) The officer in charge of the investigation, the disclosure officer or an investigator may seek advice from the Director about whether any particular item of material may be relevant to the investigation.\n(2) Material which may be relevant to an investigation, which has been retained in accordance with the Code, and which the disclosure officer believes will not form part of the prosecution case, must be listed in a schedule.\n(3) Material which the disclosure officer does not believe is sensitive must be listed in a schedule of non-sensitive material. The schedule must include a statement that the disclosure officer does not believe the material is sensitive.\n(4) Any material which is believed to be sensitive must be either listed in a schedule of sensitive material or, in exceptional circumstances, revealed to the Director separately. If there is no sensitive material, the disclosure officer must record this fact in a schedule of sensitive material.\n(5) Paragraphs 6(6) to 6(10) below apply to both sensitive and non-sensitive material. Paragraphs 6(11) to 6(13) apply to sensitive material only.\n(6) The disclosure officer must ensure that a schedule is prepared if—\n(a) a person is charged under section 120 or 121 of the 2006 Act, and the charge is allocated for the purposes of Part 5 of the 2006 Act for trial by the Court Martial or the Service Civilian Court; or\n(b) a person brings an appeal under section 141 of the 2006 Act to the Summary Appeal Court.\n(7) As soon as reasonably practicable after it becomes clear to the disclosure officer that a charge is to be tried by the Court Martial following an election under the 2006 Act for Court Martial trial, he must ensure that a schedule is prepared.\n(8) The disclosure officer should ensure that each item of material is listed separately in the schedule, and is numbered consecutively. The description of each item should make clear the nature of the item and should contain sufficient detail to enable the Director to decide whether he needs to inspect the material before deciding whether or not it should be disclosed.\n(9) In some enquiries it may not be practicable to list each item of material separately. For example, there may be many items of a similar or repetitive nature. These may be listed in a block and described by quantity and generic title.\n(10) Even if some material is listed in a block, the disclosure officer must ensure that any items among that material which might satisfy the test for prosecution disclosure under the Application Order are listed and described individually.\n(11) Subject to sub-paragraph (12) below, the disclosure officer must list in the schedule of sensitive material any material the disclosure of which he believes would give rise to a real risk of serious prejudice to an important public interest, and the reason for that belief. The schedule must include a statement that the disclosure officer believes the material is sensitive. Depending on the circumstances, examples of such material may include the following—\n(a) material relating to national security;\n(b) material received from the intelligence and security agencies;\n(c) material relating to intelligence from foreign sources which reveals sensitive intelligence-gathering methods;\n(d) material given in confidence;\n(e) material relating to the identity or activities of informants, undercover service police officers, undercover police officers or other persons supplying information to the service police who may be in danger if their identities are revealed;\n(f) material revealing the location of any premises or other place used for service police or police surveillance, or the identity of any person allowing a service policeman or a police officer to use them for surveillance;\n(g) material revealing, either directly or indirectly, techniques and methods relied upon by a service policeman or a police officer in the course of an investigation, for example covert surveillance techniques or other methods of detecting offences;\n(h) material whose disclosure might facilitate the commission of other offences or hinder the prevention and detection of offences;\n(i) material upon the strength of which search warrants were obtained;\n(j) material containing details of persons taking part in identification parades;\n(k) material supplied to an investigator during a service investigation which has been generated by an official of a body concerned with the regulation or supervision of bodies corporate or of persons engaged in financial activities, or which has been generated by a person retained by such a body;\n(l) material supplied to an investigator during a service investigation which relates to a child or young person and which has been generated by a local authority social services department, an Area Child Protection Committee or another person or body contacted by an investigator during the investigation;\n(m) material relating to the private life of a witness.\n(12) In exceptional circumstances, where an investigator considers that material is so sensitive that its revelation to the Director by means of an entry in the schedule of sensitive material is inappropriate, the existence of the material must be revealed to the Director separately. This will apply only where compromising the material would be likely to lead directly to the loss of life, or directly threaten national security.\n(13) In such circumstances, the responsibility for informing the Director lies with the investigator who knows the detail of the sensitive material. The investigator should act as soon as is reasonably practicable after the service police report on the case is sent to the Director. The investigator must also ensure that the Director is able to inspect the material so that he can assess whether it is disclosable and, if so, whether it needs to be brought before a judge advocate for a ruling on disclosure.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2018/682",
      "affecting_title": "The Investigatory Powers (Consequential Amendments etc.) Regulations 2018"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2022/1051",
      "affecting_title": "The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2022/1051",
      "affecting_title": "The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2022/1051",
      "affecting_title": "The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2022/1051",
      "affecting_title": "The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2022/1051",
      "affecting_title": "The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/989/schedule/paragraph/6",
    "retrieved_at": "2026-10-29T03:13:04.936840+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}