Chapter 4 - Committal Proceeding; Part 4.4 - Pre-hearing disclosure of prosecution case Flashcards
S107 Inf. must serve hand-up brief
(1) Subject to (2), Inf. must serve s-110 compliant hand-up brief
(2) no reqmt if informant served plea brief under s 116 and A PG (3) At the same time as the HUB is served, informant must serve on the accused a copy of the criminal record of the accused or a statement that the accused has no PCs or ICs
S108 - How hand-up brief must be served (42 days before CMH, personally generally)
(1) HUB must be served at least 42 days before committal mention hearing unless (a) MC fixes another period for service (b) accused gives written consent to lesser period
(2) must serve personally on accused in accordance with s 391 unless informant satisfied ord. service appropriate
(3) in assessing appropriateness, consider
(a) nat/grav of alleged off. (b) whether A has priors for similar off.
(c) period of time elapsed since address for service ascertained
S109 copy hand-up brief to be filed/ forwarded to DPP (7 days after service on A)
The informant must file copy of hand-up brief with registrar, and, if the DPP is conducting the committal proceeding, forward another copy to DPP, within 7 days after service of brief on accused.
S110 Contents of hand-up brief - Part 1
Contents of hand-up brief
A hand-up brief must contain—
(a) a notice in the form prescribed by the rules of court—
(i) specifying the date of the CMH; and (ii) explaining the nature of a committal proceeding and the purpose of the various stages; and (iii) explaining the importance of the accused obtaining LR; and (iv) advising right to get Legal Aid (v) details of how to contact VLA; and (vi) describing the effect of section 125(2); and
(b) copy of CS relating to the alleged offence; and
(c) statement of material facts relevant to charge; and
(d) any IDT on which the P intends to rely in the CP including—
(i) copy of any statement relevant to charge signed by the A, or a record of interview of the A, in possession of the informant; and
(ii) copy/transcript, of any audio‑recording or AV recording and
(iii) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge; and
(iv) a list of persons who have made statements that informant intends to tender at the CH, together with copies thereof; and
(v) if person has been examined under s 106 and informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and
(va) if a person has been examined under Pt 4 of the Major Crime (Investigative Powers) Act 2004 and the informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and
(vi) if the comproc relates (wholly or partly) to a charge for—
(A) a sexual offence; or
(B) offence which involves an assault on, or injury or a threat of injury to, a person—
a transcript of any audio/AV recording of a kind referred to in s 367, if informant intends to tender the transcript at the CH; and
(vii) a legible copy of any document which the prosecution intends to produce as evidence; and
(viii) a list of any things the P intends to tender as exhibits; and
(ix) a clear photo, or a clear copy of such a photo, of any proposed exhibit that cannot be described in detail in the list; and
(x) a description of any forensic procedure, examination or test that has not yet been completed and on which the prosecution intends to rely as tending to establish the guilt of the accused; and
S110 Contents of hand-up brief - Part 2
(e) any other information, document or thing in the possession of the prosecution that is relevant to the alleged offence including—
(i) a list of the persons (including experts) who have made statements relevant to the alleged offence which the prosecution does not intend to tender at the committal hearing; and
(ii) a copy of every statement referred to in subparagraph (i) made by each of those persons or, if the person has not made a statement, a written summary of the substance of any evidence likely to be given by that person or a list of those statements or written summaries; and
(iii) a copy of every doc. relevant to the alleged offence that the P doesn’t intend to tender as exhibit or a list of those docs; and
(iv) a list containing descriptions of any things relevant to the alleged offence that the P doesn’t intend to tender as exhibits; and
(v) a clear photo/clear copy of such a photo, of anything relevant to the alleged offence that can’t be described in detail in list; and
(vi) a copy of—
(A) records of any medical examination of the accused; and
(B) reports of any forensic procedure/exam. conducted on A; and
(C) the results of any tests—
carried out on behalf of the P and relevant to the alleged offence but on which the P does not intend to rely; and
(f) if the committal proceeding relates (wholly or partly) to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgment of its truthfulness; and
(g) a copy of, or a list of, any other IDT required by the rules of court to be included in a HUB.
S 111 Continuing obligation of disclosure
(1) (a)-(b) Applies to any IDT that comes in to informant possession/notice after service of HUB and would have been required to be included (listed or copy served) in HUB
(2) (a)-(c) must serve on A copy of doc/list, file with registrar, forward to DPP if involved ASAP after in informant’s possession/notice
(3) S doesn’t apply to plea brief
S 112 Rules with respect to statements
(1) (a)-(c) informant CP statement must be affidavit form; or signed by maker with acknowledgment that true or correct on pain of perjury; or in form prescribed by rules of court
(2) if under 18-yo makes statement, include their age
(3) (a)-(b) if illiterate makes statement informant wishes to tender - must be read to the person, acknowledgment must record that
S 113 Rules with respect to recs
(1) transcript of audio/AV recording of s 106 examination or of EIC must have affidavit of questioner or recorder attesting to accuracy
(2) person who acknowledges content of recording and knows its false can be dealt with as if it was in-court evidence (perjury etc)
S 114 - Disclosure of address or telephone number of witness
(1) Mustn’t disclose unless informant believes that (a)(i) IDT doesn’t identify address/phono as that’f any particular person, OR
(a) (ii) relevant to the offence charged and not likely to present r’bly ascert’ble risk to welfare/physical safety of any person, OR
(1) (b) MC can grant application for release of this info if satisfied is (3)(a) relevant and that: (b)(i) not likely to present reasonably ascertainable risk to welfare or physical safety of any person; or
(b) (ii) Having regard to (4)(a) right of privacy of witness and (4)(b) right of A to prepare properly for hearing, IOJ outweigh said risks.
(5) compliance/non-compliance does not affect admissibility
(2) For (1) purposes, informant may delete/render illegible, an address or phono included in the IDT before service on the A.
S 115 inspection of exhibits (can do so at agreed time/place)
The accused may inspect the exhibits at a time and place agreed between the accused and the informant.
S 116 Inform. may serve/file plea brief (any time before HUB if A/LP consents - file with registrar 7 days after service)
(1) can serve plea brief on A at any time before serving HUB, if A or LP gives written consent to service of PB to informant/DPP (2)(a)-(b). (3) served with ord. serv. (4)(a) informant must file copy with registrar (b) and DPP, within 7days of service on A
S 117 Contents of plea brief (CS; SOMF; A statement; AV recording; A confession/admission material)
(1) Plea-brief must contain:
(a) charge-sheet copy (b) relevant material fact statement
(c) copy of any accused statement/recording in informant’s possession (d) transcript of any audio/AV recording (e) copy statement of any other evidentiary material relating to A’s confession/admission
(2) must include victim statement copy if statement (a) concerns offence circumstances (b) would be admissible (b) in informant possession
(3) informant may include any other statement relevant to charge
(4) Ss 112 and 114 apply to a statement included in a plea brief.
