15 - Criminal disclosure

Question 1

On appointment to the role, the Disclosure Manager must…

Answer 1

• read the disclosure managers desk file
• access the serious crime template (or IMT)?
• report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable

Question 2

Key responsibilities

Answer 2

• ensure all relevant and discoverable material is provided to defence counsel
• ensure all relevant and non-discoverable material is identified, listed and defence advised
• continually assess the risk to ensure that non-discoverable material is identified and not disclosed
• continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld.

Question 3

Who should communicate with the defence counsel?

Answer 3

should be conducted through the 2IC or Crown Solicitor

Question 4

Format of disclosure material, which form can it be disclosed in?

Answer 4

Section 10(4) of the Act, provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request. Consider whether defendant has access to a computer etc

Question 5

examples of 10000 series documents

Answer 5

• Formal statements
• VRI’s
• SOF
• Job Sheets
• Notebooks
• Expert evidence