Throughout the disclosure process it is important that investigators, disclosure officers and prosecutors record their reasoning concerning disclosure decisions. This is necessary to ensure that there is good and consistent decision-making in the course of a prosecution.
Additionally it should be borne in mind that a decision not to disclose is subject to judicial review. In order to satisfy the High Court that a proper decision making process was undertaken, HSE will need to be able to defend the process by which the decision was made, as well as satisfying the court that the decision was proportionate[1].
Footnotes
R v Secretary of State for Home Dept ex parte Daly [2001] 2 AC 532 HL
