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How Custody Note Handles Disclosure

Disclosure at the police station is often limited and sometimes misleading. The Disclosure tab in Custody Note gives you a structured place to record exactly what was — and was not — provided by the investigating officers.

Custody Note — disclosure tab showing what police provided
The Disclosure section, with fields for recording what the police disclosed and what was withheld.

Pre-interview disclosure at the police station is rarely complete. Investigating officers often provide a summary of the allegation — enough to justify the interview — without revealing the evidence base in detail. Recording exactly what was disclosed, in what form, and when is a critical element of any proper attendance note.

What the Disclosure Tab Records

The Disclosure tab in Custody Note is structured around the two sides of any disclosure situation:

  • What was provided — the substance of any disclosure given by the officers, whether verbal or documentary
  • What was withheld — an explicit record of what you requested but were not given, or what officers stated would not be disclosed before interview

Keeping both sides of this on record is valuable. A note that records only what was provided leaves no record of inadequate disclosure. A note that records both what was received and what was refused or deferred is significantly more useful if the disclosure position becomes an issue at any later stage.

Timing and the Advice You Give

The adequacy of disclosure directly affects the advice you can give your client about interview. Where disclosure is minimal, you may advise that the client cannot give a meaningful account without knowing the case against them. That reasoning — and its connection to the state of disclosure at the time — should be captured in the Disclosure tab alongside the advice recorded in the Consultation tab.

Custody Note's tab structure makes this connection visible: you can review the Disclosure tab and the Consultation tab side by side when reviewing a completed note, which helps both for billing and for any future case review.

Requests Made and Refused

There is a specific field for recording requests made to officers for further disclosure, and the response received. This is particularly useful where you made formal representations for pre-interview disclosure and were refused. The record of that request and refusal forms part of the basis for any subsequent argument that interview conditions were unfair.

Documentation Provided

Where officers provide physical documentation — CCTV evidence descriptions, photographs, or written summaries — the Disclosure tab includes a field to record the nature of that documentation and the time it was received. Where possible, note whether you were permitted to take a copy or only permitted to read the document.

Note: This article is intended as general information for criminal defence practitioners in England and Wales. It does not constitute legal advice. Solicitors and accredited representatives should exercise their own professional judgment in each case. Law and practice may change; always verify current requirements with primary sources.