Disclosure of Evidence in Criminal Proceedings Flashcards
Identify the key legislation related to disclosure of evidence
Part 6 Criminal Justice and Licensing (Scotland) Act 2010
Provides statutory obligations relating to the disclosure of evidence in criminal proceedings.
What are the six core principles of revelation?
- The police are obliged to reveal to COPFS all information that may be relevant to the issue of whether the accused is innocent or guilty.
- “Relevant” means any information that appears to an investigator to have some bearing on the offence or offences under investigation.
- This obligation persists in perpetuity, even following a conviction.
- Compliance with the duty requires the police to provide COPFS with all witness statements obtained, including the statements from defence witnesses.
- Compliance with teh duty also requires the police to reveal to COPFS the existence of Criminal History Records for all witnesses for whom statements are provided.
- Failure to properly and timeously reveal all potentially relevant information to COPFS could lead to a failure to disclose material information to the accused which could result in a miscarriage of justice.
What is the definition of:
“Revelation”
Refers to the police advising COPFS of the existence of material which may be relevant or providing the prosecutor with a copy of material which may be relevant that has been obtained or generated in the investigation.
What is the definition of:
“Disclosure”
The process of Crown providing the defence with any material obtained in the course of the investigation and any criminal proceedings which either materially weaken the prosecution case or materially strengthens the defence case.
What is the definition of:
“Relevant Material or Information”
Includes anything that appears to an investigator to have some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances. Material or information will only be deemed as irrelevant if it is incapable of having any impact on the case.
What is the definition of:
“Material Evidence”
Evidence or information which would either materially weaken the evidence led by the prosecutor, materially strengthen the accused’s case, or is likely to form part of the evidence led in proceedings against the accused.
What is the definition of:
“Exculpatory Material”
Any material obtained or generated during the course of the investigation that could free the accused from blame or otherwise materially weaken the prosecution case or materially strengthen the defence case.
What are the 4 ‘R’s?
The police have a duty to:
Record
Retain
Review, and
Reveal
to COPFS all evidence and information that may be received which has been obtained or generated during a criminal investigation.
What mechanisms are used to reveal information
Standard Prosecution Report (SPR)
SPR and Schedules of Relevant Material (Solemn Cases)
Subject Report (used for both summary and solemn cases)
Submission of National Standard Statement form
What are Schedules of Relevant Material?
Documents completed for solemn/petition cases on which all relevant productions, witness statements, and other relevant material is listed in a manner that makes it easy for COPFS to determine if the information or materials should be disclosed to the defence.
Schedules must be completed within 21 days of request from the PF.
Identify Sensitive Schedule Material Types
Comms Data (Uncertified)
Crime Reports
Criminal History Records
Custody records
Data protection requests
Family liaison logs
Incident logs
Information from local authorities / social services
Intelligence logs
Interview Strategy
Medical Records
Operational briefings
Police misconduct material
Policy files
Wanted/Missing Reports
Warrant applications
What is Highly Sensitive Material?
Highly Sensitive material is relevant material or information which, if compromised, is likely to:-
- Lead directly to the loss of life
- Directly threaten national security
- Lead to the exposure of a - Covert Human Intelligence Source
- May not fall into the above categories but has a GSC marking of SECRET or above.
