7. Criminal Disclosure

Question 1

On appointment, what should the Disclosure Manager go?

Answer 1

• read the Disclosure Managers desk file
• access the current Serious Crime Template downloaded to the local district shared
drive, for use during the investigation
• report to the 2IC to receive a briefing, tasking, establishing what information is and is
not discoverable, and ongoing supervision.

Question 2

What are the key responsibilites of the Disclosure Manager?

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
• Ensure robust auditable systems are employed to record disclosure decisions
• Manage disclosure timeframes
• Retain and file all correspondence with defence counsel
• Create NIA record of disclosure

Question 3

What does section 10(4) of the Act provide for?

Answer 3

Disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant.

Question 4

What should the Crown be provided with?

Answer 4

an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material where appropriate

Question 5

What is the purpose of the File Manager?

Answer 5

• Assist with establishing and maintaining the Investigation Headquarters
• Operate the paper flow and associated structure
• Manage the electronic and physical files relating to the investigation
• Support the 2IC by reading all documents for the purpose of highlighting important information to the 2IC
• Assist the 2IC with the ID and recording of evidential material
• Complete a synopsis of all documents received
• Ensure a flow of information through the investigation
• Assist with the preparation of the prosecution file
• Assist with management of the trial

Question 6

What are the responsibilities of the File Manager for setting up HQ?

Answer 6

• Location
• Office support staff
• Transport
• Equipment
• Communications
• IT requirements

Question 7

What are the relevant document numbers?

Answer 7

10,000 - general disclosure
50,000 - restricted disclosure
70,000 - covert phase