Photograph of Shiela on the bed

[mb1]

Just so everyone understands, here is a standard pii application.



D7 - Specimen background submission in support of application for PII
Specimen letter
CONFIDENTIAL

IN THE CROWN COURT AT [insert court details]

INDICTMENT NO: [insert Indictment number]

REGINA

V

[insert names of defendants]

SUBMISSION IN SUPPORT OF APPLICATION FOR PUBLIC INTEREST IMMUNITY
BACKGROUND

The defendants are charged with ...[set out charges]

The prosecution case is ...[summarise nature of case, and what the principal evidence is or is based upon].

The full circumstances of the evidenced case are set out in the draft Opening Note, a copy of which is attached.

CHRONOLOGY OF RELEVANT EVENTS

Set out a detailed chronology listing key people and events so the court has an accurate picture of the context in which PII is said to arise.

MATERIAL TO BE WITHHELD

The prosecution seek to withhold from disclosure...

[list the items of material that the prosecution seek PII immunity]

WHETHER THE MATERIAL SATISFIES THE DISCLOSURE TEST

Prosecution material is disclosable, subject to arguments as to PII, if it might reasonably be considered capable of undermining the prosecution case against the accused or of assisting the case for the accused. Such material will include anything that tends to show a fact inconsistent with the elements of the case that must be proved by the prosecution. (Attorney General's Guidelines 2005). Material can be considered to be disclosable by the use that could be made of it in cross-examination or by its capacity to support submissions which could lead to the exclusion of evidence, a stay of proceedings or a court or tribunal finding that any public authority had acted incompatibly with a defendant's rights under the Human Rights Act 1998, or by its capacity to suggest an explanation or partial explanation of the accused's actions.

Set out details of why it is considered that material satisfies the disclosure test.

Set out details of any apparent defence by reference to the defence statement, the record of interview or from any other source, and how this impacts on the assessment of what material satisfies the disclosure test.

PUBLIC INTEREST IMMUNITY (PII)

Where the identity of a CHIS is material sought to be withheld then the following paragraphs may be used.

It is a long established principle that the prosecution should not be required to disclose material which would reveal the identity of an intelligence source unless not to do so might give rise to a miscarriage of justice by denying the defence a legitimate opportunity to cast doubt on the case against them.

The prosecution contend that there is nothing in the material sought to be withheld that would enable the defence to cast doubt on the case against them. Thus, the public interest in protecting the anonymity of intelligence sources is not overridden.

Where other public interests are in play, set out the nature of that interest. Reference should be had to paragraph 8.4 of this manual.

DEFENCE STATEMENTS

Set out details of any defence(s) in the defence statement(s).

Where no defence statement has been received, the following may be used:

Defence statements have not been received from the defendant(s) and the Crown have written to the defence reminding them of the requirement to provide a defence statement and pointing out the possible consequences of failing to do so. Nevertheless it has been possible to discern that the above material might satisfy the test for disclosure as outlined above.

TYPE OF APPLICATION

Set the Crown's assessment of what type of hearing is required and giving reasons why. Reference should be had to paragraphs 13.5 - 13.9 of this manual.

In Type II cases the following may be used:

A Type II application is required in relation to the material to be considered by the judge. In relation to all items, the defence cannot be told anything about these documents without revealing that the prosecution contend it is not in the public interest to disclose.[/list]

[Dr Pal]

Could sheila not have died as commonly held, on the floor with the blood on her face etc, but have been lifted to the bad after initial forensics, to look at her reverse, and the floor underneath her. Having had the faced cleaned up a little and photographed on the bed?

IF the photo on the bed exists  - and let us believe it does...

then how do we know the time frame of it?

-----------------------------------------

clock on bedside cabinet...

Was the clock working or correct time?

[mb1]

Per below - this is generally in landscape table format that I have been unable to reproduce here, but you get the gist.

PII is being quoted on this forum in a very casual manner.
It should be qualified - what was requested, when and why was it refused.
Otherwise, all references to PII should be treated as descriptions of defence wish-list evidence, instead of accurate details of existing evidence.   


D10 - PII submissions - table format
Specimen letter
CONFIDENTIAL

R v [Insert name(s) of defendant(s)]

PII SUBMISSIONS

ITEM   DESCRIPTION   
D[ ]   Insert concise and accurate details of the material.

DISCLOSABILITY   
Set out why the material is said to satisfy the disclosure test.   

PUBLIC INTEREST IMMUNITY   

The prosecution contend that it is not in the public interest to disclose [insert details of why it is contended the material is sensitive (see chapter and why it is said the material should be withheld (see chapters 8 and 13), in other words why the public interest in withholding it outweighs the public intersest in disclosure. This should include the prosecutor's assessment of the value of the material to the defence case].   

OUTCOME

Record outcome of judge's ruling and any reasons given h

[-Harters-]

Per below - this is generally in landscape table format that I have been unable to reproduce here, but you get the gist.

PII is being quoted on this forum in a very casual manner.
It should be qualified - what was requested, when and why was it refused.
Otherwise, all references to PII should be treated as descriptions of defence wish-list evidence, instead of accurate details of existing evidence.   


D10 - PII submissions - table format
Specimen letter
CONFIDENTIAL

R v [Insert name(s) of defendant(s)]

PII SUBMISSIONS

ITEM   DESCRIPTION   
D[ ]   Insert concise and accurate details of the material.

DISCLOSABILITY   
Set out why the material is said to satisfy the disclosure test.   

PUBLIC INTEREST IMMUNITY   

The prosecution contend that it is not in the public interest to disclose [insert details of why it is contended the material is sensitive (see chapter and why it is said the material should be withheld (see chapters 8 and 13), in other words why the public interest in withholding it outweighs the public intersest in disclosure. This should include the prosecutor's assessment of the value of the material to the defence case].   

OUTCOME

Record outcome of judge's ruling and any reasons given h

This is interesting.

[Bridget]

This is interesting.

Yes.

[campion]

-Harters-  Glad to see you're back.  DITTO  -  #227  COOL or is that secret, or special?

[packagebuilder]

what type of clearance would someone need to access such PII?

CT clearance? which most police officers are vetted to?

SC security vetting clearance... some secret projects of MOD or some high ranked police officers.

or DV which MI5 and the MI5 wonha bees "MI6" are vetting to!!

so what impact would the photos have if memebers of the public had access too...? has the case got to the point where it become a national security risk? as to if the photos were proof jeremey don't do it! would this affect the whole country and "police trust"??

I won't be suprised if MI6 is involved in some of this.....

where are the photos now.... in EP police station or CCP thing in burimnham or in MI6 hands...? or in the hands of the inspector and stored at his house that handle the case..

[grahameb]

what type of clearance would someone need to access such PII?

CT clearance? which most police officers are vetted to?

SC security vetting clearance... some secret projects of MOD or some high ranked police officers.

or DV which MI5 and the MI5 wonha bees "MI6" are vetting to!!

so what impact would the photos have if memebers of the public had access too...? has the case got to the point where it become a national security risk? as to if the photos were proof jeremey don't do it! would this affect the whole country and "police trust"??

I won't be suprised if MI6 is involved in some of this.....

where are the photos now.... in EP police station or CCP thing in burimnham or in MI6 hands...? or in the hands of the inspector and stored at his house that handle the case..

I'd just drive a tank into where they keep the stuff and grab it. I just can't think why they didn't let go into the intelligence service.