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Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland

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Annex 2 Examples of types of sensitive material

(a) from Attorney General's guidelines (1987 edition)

1. it deals with matters of national security; or it is by, or discloses the identity of, a member of the Security Services who would be of no further use to those services once his or her identity became known;

2. it is by, or discloses the identity of, an informant and there are reasons for fearing that the disclosure of his or her identity would put him or her or his or her family in danger;

3. it is by, or discloses the identity of, a witness who might be in danger of assault or intimidation if his or her identity became known;

4. it contains details which, if they became known, might facilitate the commission of other offences or alert someone not in custody that he or she is a suspect; or it discloses some unusual form of surveillance or method of detecting crime;

5. it has been supplied only on the condition that the contents will not be disclosed, at least until a warrant has been served upon the supplier, eg a bank official;

6. it relates to other offences by, or serious allegations against, someone who is not an accused, or discloses previous convictions or other matters prejudicial to him or her;

7. it contains details of private delicacy to the maker and/or might create risk of domestic strife. (To this might now be added material whose disclosure might create risk of danger to private life or of assault/intimidation.)

(b) Coding of types of sensitive material used in HOLMES 2 system

No.

Description

1

Material relating to National Security

2

Material received from intelligence and security agencies

3

Material relates to intelligence from foreign sources revealing sensitive gathering methods

4

Material given in confidence

5

Material relates to the use of a telephone system and supplied for intelligence purposes only

6

Material relates to informants, undercover police officers and others at risk if identified

7

Material reveals police surveillance location or the identity of any person allowing that location to be used

8

Material reveals techniques and investigative methods relied upon by the police

9

Facilitates the commission of other offences or hinders the prevention and detection of crime

10

Internal police communications

11

Material upon the strength of which search warrants were obtained

12

Id parade participant details

13

Material generated by an official concerned with the regulation of corporate bodies or financial activities

14

Material generated by social services, an area child protection committee or other party and relating to a child or young person

15

Police intelligence information

16

Please see the note applied to this specific record which details the reason for sensitivity

17

Crown Prosecution Service correspondence with the Police over conduct of the case

18

Restricted personal information, such as addresses, telephone and vehicle numbers

19

Material relating to the private life of a witness

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Page updated: Tuesday, September 11, 2007