CPIA Disclosure Request Letter
A formal letter to the prosecution requesting primary and secondary disclosure of unused material under the Criminal Procedure and Investigations Act 1996.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
Use this letter if you are a defendant in criminal proceedings and you have not received adequate disclosure of unused prosecution material. Under the CPIA 1996, the prosecution has a duty to disclose material that might reasonably be considered capable of undermining the prosecution case or assisting the defence. Send this letter to the disclosure officer or the Crown Prosecution Service.
When NOT to use this template
This letter is not a substitute for making a defence statement under CPIA s.5, which is mandatory in Crown Court proceedings and triggers secondary disclosure obligations. Do not use this letter if you have legal representation — disclosure requests should be made through your solicitor. This letter does not apply to civil proceedings.
Legal Basis
Criminal Procedure and Investigations Act 1996 ss.3 (primary disclosure), 7A (secondary disclosure triggered by defence statement), 8 (application for disclosure); Attorney General's Guidelines on Disclosure 2022; Code of Practice under CPIA 1996.
Before you send
- Not having served a defence statement in Crown Court proceedings before requesting secondary disclosure — s.7A duty only arises after a defence statement
- Being too vague about what material you are seeking — the more specific the request, the easier it is to enforce
- Addressing the letter to the CPS without identifying the specific case and URN / defendant number
Common Mistakes to Avoid
- ✗Not having served a defence statement in Crown Court proceedings before requesting secondary disclosure — s.7A duty only arises after a defence statement
- ✗Being too vague about what material you are seeking — the more specific the request, the easier it is to enforce
- ✗Addressing the letter to the CPS without identifying the specific case and URN / defendant number
- ✗Not keeping a record of dates correspondence was sent in case a disclosure application to the court becomes necessary
Build Your Letter
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Letter preview
[YOUR FULL NAME (DEFENDANT)] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [DATE OF LETTER] Disclosure Officer / Crown Prosecution Service [CPS OFFICE NAME] [CPS ADDRESS] --- Dear Sir or Madam, **Re: R v [YOUR FULL NAME (DEFENDANT)] — URN: [UNIQUE REFERENCE NUMBER (URN)] — [COURT NAME]** **REQUEST FOR DISCLOSURE — CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996** I write as the defendant in the above proceedings. I am currently unrepresented / represented by [YOUR SOLICITOR'S NAME (IF ANY)] (who is copied into this letter). **Primary Disclosure** I request confirmation that the prosecution has complied with its duty of primary disclosure under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA) and the Attorney General's Guidelines on Disclosure 2022. I have not yet received a schedule of unused material (MG6C/MG6D). Please provide a copy of the relevant schedules as soon as possible. **Specific Material Requested** In addition to general disclosure, I specifically request disclosure of the following material which I reasonably consider might undermine the prosecution case or assist my defence: [SPECIFIC MATERIAL YOU ARE REQUESTING] **Reason This Material Is Relevant** [WHY THIS MATERIAL IS RELEVANT] **My Defence** In broad terms, my defence is as follows: [BRIEF OUTLINE OF YOUR DEFENCE] **Secondary Disclosure** A defence statement was served on [DATE DEFENCE STATEMENT WAS SERVED (IF APPLICABLE)] / I intend to serve a defence statement under CPIA s.5 shortly. I therefore request that the prosecution review all unused material and make secondary disclosure of any material satisfying the test under s.7A. **Deadline** Please confirm receipt of this letter and provide the requested disclosure within **14 days**. If you consider that any material is sensitive and should not be disclosed, please apply to the court for a Public Interest Immunity ruling rather than simply withholding it without notice. **Next Steps** If adequate disclosure is not provided within 14 days, I will apply to the court under section 8 of the CPIA for an order requiring disclosure. Yours faithfully, [YOUR FULL NAME (DEFENDANT)]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.