New protocol issued on disclosure of information between family and criminal agencies and jurisdictions
A new Protocol on the disclosure of information between family and criminal agencies and jurisdictions has been launched by the judiciary.
The 2024 Protocol, which came into effect last week, (1 March), relates to all private and public family law proceedings, including contemplated public law proceedings, and all material held by the police.
It replaces the 2013 Protocol and Good Practice Model, “to ensure practice remains relevant and covers all circumstances where there is to be an exchange of information and material between criminal and family agencies and jurisdictions”, said the judiciary.
The Protocol is in three parts:
- Part A: disclosure from the police to family proceedings
- Part B: disclosure sought by an investigator
- Part C: linked directions hearings
Among other aims and objectives, the Protocol is intended to provide a “consistent approach” to information sharing nationally in order to safeguard and promote the welfare of children and other vulnerable adults.
Further, it is hoped to reduce the need for hearings, witness summonses, urgent applications and Public Interest Immunity hearings to those which are “strictly necessary”.
In the guidance notes provided for local authorities seeking disclosure from the police, it is stated that early notification that disclosure is required from the police and regular communication between partner agencies is “key”.
Further, local authorities must ensure that they use the application proportionately, “having regard to what is reasonable, directly relevant, and necessary” when seeking disclosure.
The new Protocol will be reviewed in 2025 by a working group comprising the judiciary, local authorities, police and Crown Prosecution Service (CPS) based on the experience of its implementation.
Lottie Winson
