1.10 Disclosure Flashcards
When must disclosure be done?
In every case where the defendant goes not guilty at Mags court
What is the appropriate extent of disclosure?
Sufficient disclosure to enable a defendant to make their case
When is used and unused material disclosed?
Used- advanced information
Unused- disclosure regime under CPIA
What is advanced information?
The information the defence are entitled to have in order to consider whether to plead guilty or not guilty
When is advanced disclosure necessary?
When it has been requested by the defence
What must be supplied by the prosecution
Summary of circumstances Previous convictions Account in interview Witness statements or exhibits Any statement of effect the offence had on the victim
Courts- ASAP
Defendant- NO LATER THAN THE MORNING OF TRIAL DAY
When limits are placed on advanced information disclosure, what must the OIC do?
Consult with the prosecutor and explain that it would cause interference with the course of justice or witness intimidation and then they may limit the evidence
What is relevant material?
Information which
Strengthens the prosecutor case
Weakens the prosecutions case
Supports the defence case
When must schedules be completed?
Indictable
Either way
No guilty summary
What the extent of intial disclosure?
Sufficient disclosure to enable the defence to present their own case
When must full disclosure be completed?
ASAP but no time limit
When does the defence duty arise?
After initial disclosure
Is the defence disclosure mandatory?
CCT- Yes
MCT- Voluntary
What’s the consequence of fainting to submit a defence statement?
MCT- Cannot requested any documents from the schedules of unused material
CCT- adverse inferences and prosecution may make such comment as appears proper
Time limit for defence statement?
Summary- 14 days
CCT- 28 days
Contents of defence statement
Nature of the defence Facts of issue in dispute and why Points of law/ authority Alibis and details Request for disclosure
Definition of sensitive material
Information that it is not in the public interest to disclose
That gives rise to a real risk of serious prejudice to an important public interest
