The requirement to disclose material which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused is set by legislation, and not by the Disclosure Guidelines. The revised Attorney General’s Disclosure Guidelines published in May 2022 introduced increased privacy protections for victims in respect of their counselling notes being accessed during the course of a criminal investigation. Prior written reasons must be recorded before accessing counselling notes of victims, and access can only occur where it is necessary and proportionate. The Home Office has also recently concluded a consultation on police requests for personal records (‘third party material’). The response to this consultation and next steps will be published shortly.