Legal advice
Requests for material may cite different laws. If requests, made by the police or other state authorities or on behalf of any party to civil litigation, make reference to any laws including the following , the matter should be passed onto Litigation and Controller Editorial Policy
- PACE
(Material can be ordered to be disclosed where it is likely to be of substantial value and relevant evidence. The police must also have tried other methods of obtaining the material (unless they would be bound to fail) and disclosure must be in the public interest. The Police must give the BBC notice of any application and the BBC can make representations in opposition.)
- TERRORISM ACT
(Material can be ordered to be disclosed where it is likely to be of substantial value. It does not have to be relevant evidence – and so could include information which merely assists the investigation. Disclosure must be in the public interest. The Police do not have to give the BBC notice of any application.)
- SERIOUS ORGANISED CRIME AND POLICE ACT
(Material can be ordered to be disclosed where it is likely to be of substantial value to the investigation of certain financial offences. It does not have to be relevant evidence – and so could include information which merely assists the investigation. There is no public interest test and the authorities do not have to give the BBC notice of any application .)
- WITNESS SUMMONSES
(Parties to criminal prosecution (Crown or Defendant) can apply for a witness summons to compel the production of material that is likely to be material evidence. It needs to be in the interests of justice to issue the summons. Notice of any application has to be given.)
- PROCEEDS OF CRIME ACT
(Material and information can be ordered to be disclosed in connection with money laundering investigations, confiscation investigation and a civil recovery investigations. There are various criteria that need to met, including reasonable grounds for believing that the material or information sought is likely to be of substantial value to the investigation and that that there are reasonable grounds for believing disclosure is in the public interest. An application may be made without notice in certain circumstances but if this happens the BBC can apply to discharge any order made).
- CIVIL PROCEDURE RULES
(Parties to civil proceedings can apply for disclosure orders to compel the production of documents that are material to a case. It needs to be shown that such disclosure is necessary, proportionate and likely to benefit one of the parties to the case. The BBC has to be given notice of an application)