Public decisions should survive public questions.

Question 082 of 150

Scotland focus

LJBD / CRT / 082 · Checked 1 August 2026

What disclosure duties apply to material that weakens a prosecution or assists a defence?

This page does not decide the answer for a particular case. It turns the question into a request for an identifiable decision, reason, record and review route.

Editorial illustration representing documents, public decisions and an auditable record
Illustration. The source register below carries the factual weight.

The short answer

A useful response should be specific enough to check.

Ask which evidential, public-interest or procedural test was used, what material was available and which separate review or appeal deadline applies.

For this question, a useful answer should identify the jurisdiction, decision test, material considered, procedural deadline, review route and source of independent advice. A label without those particulars may describe an outcome, but it does not expose the decision trail.

Put it in writing

Six follow-up questions

Use only the lines that fit. A numbered request makes an incomplete answer easier to identify without turning the letter into an accusation.

  1. 01

    Please answer this question directly: What disclosure duties apply to material that weakens a prosecution or assists a defence?

  2. 02

    Please identify the person or role responsible for the answer and the date of the decision.

  3. 03

    Please identify the legal power, published policy, procedure or test relied upon, including its current version.

  4. 04

    Please identify the jurisdiction, decision test, material considered, procedural deadline, review route and source of independent advice.

  5. 05

    If any part cannot be answered, please state whether the information is not held, cannot be disclosed, or requires a different request route.

  6. 06

    Please identify any review, correction, complaint or appeal route and the deadline that applies.

Why record it?

Preserve the answer and the route to it.

Memory changes, reference numbers join separate systems, explanations can drift, and retention periods may expire. The point is a usable chronology kept by the reader, not evidence submitted to this website.

  • Date, time, place and method of contact
  • Name, role, organisation and team, if provided
  • The exact question asked and exact answer where possible
  • Every incident, complaint, case and document reference
  • The decision or refusal, reasons given and decision-maker
  • Evidence offered, what was accepted and what was declined
  • Promised action, deadline and next contact
  • Original documents and files, including metadata where available

Official starting points

Where the answer may be buried

These links are selected for this topic, not offered as a complete statement of the law. Read the current page, its jurisdiction and any stated deadline.

COPFSProsecution Code

Read the current evidential and public-interest framework for prosecution decisions.

https://www.copfs.gov.uk/publications/prosecution-code/html/
COPFSVictims' Right to Review

Request a review of certain decisions not to prosecute.

https://www.copfs.gov.uk/services/victim-services/victims-right-to-review/
COPFSRequest information about your case

Use the form or Enquiry Point to request case information.

https://www.copfs.gov.uk/services/victim-services/request-information-about-your-case/
Scottish Courts and Tribunals ServiceContact SCTS

Find court and tribunal contacts and the SCTS enquiry point.

https://www.scotcourts.gov.uk/about-us/contact-us
Judicial Office for ScotlandComplaints about judicial conduct

Complain about personal conduct, not a judicial decision. Check the stated time limit.

https://www.judiciary.scot/home/publications/judicial-complaints
Open the full contacts and forms directory

Possible routes

The route depends on what is actually wrong.

Need the decision explained?

Ask the decision-maker or organisation for the decision, reasons, authority and reference in writing.

Need your own data?

A subject access request is different from an FOI request for policies, statistics or other recorded information.

Need a factual record corrected?

Identify the exact statement, why it is inaccurate, the supporting record, and every later system or decision that may contain it.

Need external scrutiny?

Check the reviewer's actual remit. Some bodies review complaint handling but do not reinvestigate the original event.

Do not assume one process stops another deadline. Complaint, review, appeal, tribunal and court time limits can run separately.