Material which is unused cannot form part of the PPE. However, it is important to remember that the SVS case confirmed that the fact that the CPS say it is unused, does not mean it is unused. The key issue is relevance and a good rule of thumb is – did the prosecution use the material to prepare schedules etc which were then exhibited. If so, then the material should be treated as used – but you will need to explain the position clearly to the LAA as their default position is usually – if the CPS say it is unused, then it is unused.
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