CLP 16 - Disclosure Flashcards
What is used material?
Material the prosecution relies on to prove its case.
What is unused material?
Material not relied on by the prosecution but may help the defence or undermine the prosecution.
What must the prosecution do if no disclosable unused material exists?
Provide a written statement confirming this.
What are the 3 main stages of prosecution disclosure?
- Investigation
- Provision of unused material to prosecutor
- Initial duty of disclosure
Who must retain and record relevant material?
The investigating officer and disclosure officer.
What is the disclosure officer’s responsibility?
Examine retained material, prepare schedules, and certify compliance.
How long must prosecution material be retained?
- Until the case is concluded
- If convicted, until release or 6 months after conviction
- If appeal pending, until appeal is decided
What schedule lists unused material in Crown Court cases?
The MG6C schedule.
What if material is sensitive?
It may be withheld under Public Interest Immunity (PII).
What should prosecutors consider when deciding to disclose?
- Use in cross-examination
- Support for defence or ECHR rights
- Explanation of D’s actions
- Scientific/medical relevance
- Combined value of material
What tool can the prosecution use in complex cases?
A Disclosure Management Document.
When must initial details be served?
No later than the beginning of the day of the first hearing.
When does the statutory duty to disclose arise?
- Magistrates: After not guilty plea
- Crown Court: When D is sent for trial
When must a defence statement be served in Crown Court?
Within 28 days of initial disclosure.
What must a defence statement include?
- Nature of defence
- Disputed facts
- Facts relied on
- Law/authority
- Alibi details
Is a defence statement required in magistrates’ court?
No, but if served, must be within 10 business days.
Can the defence apply for specific disclosure without a defence statement?
No.
What is a Notice of Intention to Call Defence Witnesses?
Statement declaring if D plans to call witnesses other than themselves.
What are the deadlines for defence witness notice?
- 10 business days in magistrates’ court
- 28 days in Crown Court
What are the consequences of defence disclosure failures?
- Adverse inferences
- Prosecutor/co-D comment
- Court directions for compliance
Can magistrates draw inferences from late defence statements?
Yes, if served—but there’s no duty to provide one.
Does the prosecution’s duty to disclose end after initial disclosure?
No, it continues until conviction, acquittal, or case withdrawal.
What if material arises late in trial?
It must still be reviewed and disclosed if relevant.
What counts as relevant material?
- D’s own explanation
- Anything casting doubt on confession reliability
How long is relevant material retained after conviction?
- Until D is released or 6 months post non-custodial sentence
- Until the end of any appeal
What is a Section 8 application?
Defence application for specific disclosure of material not disclosed.
What must the defence do before applying under Section 8?
Serve a defence statement and attempt to resolve outside court.
How long does the prosecution have to respond to a Section 8 application?
10 business days.
What are consequences of prosecution disclosure failure?
- Stay as abuse of process
- Conviction quashed
- Wasted costs
- Evidence excluded
Is a third party under a duty to disclose?
No, but prosecutors should request relevant material if believed to exist.
How can third-party disclosure be compelled?
- Crown Court: s.2 Criminal Procedure (Attendance of Witnesses) Act 1965
- Magistrates’ Court: s.97 Magistrates’ Court Act 1980
What is Public Interest Immunity (PII)?
Allows prosecution to withhold disclosable material in the public interest.
What must be included in the Sensitive Material Schedule?
- Why material is sensitive
- Risks of disclosure
- Material’s relevance
- Possibility of partial disclosure
