Information on Common Law Police Disclosure (CLPD)
Freedom of information request reference no: 01.FOI.24.041282
I note you seek access to the following information:
- At what point should a CLPD be issued: during an interview or an arrest.
- Do officers have to keep copies of CLPD 1 forms from every partner agency they contact.
- How do you assess if the disclosure is proportionate and balanced.
- Do officers have to keep a log of their attempts to contact individuals to notify them and give them a chance to make representations.
4a. What do I do if I cannot locate the suspect. - What safety mechanisms are in place if officers make an accidental or wrongful disclosure.
- What mechanisms are in place if an officer maliciously makes a disclosure.
- What if the evidence presented to you turns out to be covert intelligence after the disclosure is made? What contingency safety plans are in place.
- Does the report used to make the disclosure have to be shared in court along with other evidence.
- Does the report submitted to justify the CLPD have to be handed to the IOPC.
- Should disclosure be done in partnership with the IOC in the case.
- Does the officer making the disclosure have to disclose their relationship with the individual in question (e.g., ex-lover or someone who has secretly worked for them).
- Should someone continue to work for the same police force once CLPD is issued where the individual is in contact with more vulnerable/ dangerous people also have access to very sensitive classified information/ documents.
- Finally, could you confirm if you follow the same guidance as outlined in this flow chart.
Decision
I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.
Q1 - At what point should a CLPD be issued: during an interview or an arrest
This information has been taken from our Intranet:
5. Can I disclose information or intelligence outside of a formal investigation.
Careful consideration should be given when considering making a disclosure outside the investigation. If the circumstances are such that third party disclosure is proposed, careful consideration must be given to the gravity of the information or intelligence involved, the reliability of the information or intelligence and the period of time which has elapsed since the relevant events occurred. As in all disclosures, a Form (Common Law Police Disclosure) CLPD 1 Relevance Test must be completed and an Inspector's authority to disclose must be obtained. The Inspector must be able to justify the decision to disclose in connection with a real & immediate risk and a pressing social need to disclose, and is likely to come under significant scrutiny where a disclosure is made outside of a formal investigation.
Q2 - Do officers have to keep copies of CLPD 1 forms from every partner agency they contact.
All completed (Common Law Police Disclosure) CLPD forms to be filed with the Case Papers/Filed on Division (FOD).
Q3 - How do you assess if the disclosure is proportionate and balanced.
The following is used to assess whether a disclosure is proportionate and balanced:
S SECURITY: Have I ensured the person / agency is 'safe' to share the information with.
H HANDLING: Will the information be passed on & handled securely.
A AUTHORITY: Do you have the authority to share.
R REASON: Why is the information being disclosed.
E EVIDENCE: Has the necessary information concerning the disclosure been recorded.
Q4 - Do officers have to keep a log of their attempts to contact individuals to notify them and give them a chance to make representations.
This information has been taken from our Intranet:
Q4a - What do I do if I cannot locate the suspect.
It may be necessary to disclose information even in circumstances where the individual has not been questioned, i.e. has evaded arrest. As in all disclosures, a Relevance Test must be completed and an Inspector's authority to disclose must be obtained.
Q5 - What safety mechanisms are in place if officers make an accidental or wrongful disclosure.
No information held.
Q6 - What mechanisms are in place if an officer maliciously makes a disclosure.
No information held (although this would likely be subject to misconduct/complaints).
Q7 - What if the evidence presented to you turns out to be covert intelligence after the disclosure is made? What contingency safety plans are in place.
No information held.
Q8 - Does the report used to make the disclosure have to be shared in court along with other evidence.
No information held (although it could be shared if deemed relevant to the case, although the form is highly unlikely to be evidential).
Q9 - Does the report submitted to justify the CLPD have to be handed to the IOPC.
No information held.
Q10 - Should disclosure be done in partnership with the IOC in the case.
No information held
Q11 - Does the officer making the disclosure have to disclose their relationship with the individual in question (e.g., ex-lover or someone who has secretly worked for them).
No information held
Q12 - Should someone continue to work for the same police force once CLPD is issued where the individual is in contact with more vulnerable/ dangerous people also have access to very sensitive classified information/ documents.
No information held
Q13 - Finally, could you confirm if you follow the same guidance as outlined in this flow chart.
We can confirm that the flow chart that you have referred to is not recognised by the MPS, and makes reference to non - MPS systems. So therefore, no information is held.
Section 16
You may be interested in the following national police guidance on Information sharing and common law police disclosures.