8-Disclosure of Evidence Flashcards
what act requires prosecution and defence to disclose evidence
criminal procedure and investigations act 1996
R v Davies and Rowe/ R v Kisko show
mishaps of justice due to a failure of disclosure
why is disclosure important pre charge
it is important for correct legal advice from a solicitor r v saunders
why is disclosure important post charge
for a fair trial (criminal procedure and investigations act)
where are materials logged
by a disclosure officer
what must the prosecution disclose
primary evidence and secondary evidence
what is primary evidence
evidence they intend to use at a trial
what is secondary evidence
evidence not used that could potentially undermine prosecution trail s3 cipa test
is defence argument compulsory for magistrates defence
no s6 CIPA
what must defence disclose in crown court
mandatory defence disclosure statement includes nature of defence, fact, law, alibi,
CIPA s66
how long does the defence have to disclose
28 days
when can inferences be drawn
when evidence not handed in on time, there is a change in statement or alibi, both parties should review materials
what are the issues with disclosure
doesn’t always work
crucial evidence can be missed
hard with white collar crime
when can it be withheld
if it doesn’t satisfy s3 of CIPA
public interest immunity
what are defence disclosure applications
judge able to decide whether disclosed or not
