CLP 4 - Defence disclosure Flashcards
what is a defence statement?
a written statement which sets out the accused’s defence
what are the contents of a defence statement?
- sets out the nature of the accused’s defence, including any particular defences on which he intends to rely.
- sets out matters of fact on which he takes issue with the prosecution.
- sets out why he takes issue on each fact.
- sets out the particulars of the matters of fact on which he intends to rely
- indicates any points of law which he wishes to take.
what must be included in a defence statement if an alibi is used
- name, adress and d.o.b of the witness to the alibi (or as many as are known).
- any information which may assist in identifying witnesses if the above is not known
What is the time limit for serving a defence statement in the crown court? Can it be extended?
- within 28 days of the prosecution’s initial disclosure.
- can be extended if application is made within the 28 days and the court is satisfied that it would not be reasonable for defendant to serve defence within 28 days
What is the time limit for serving a defence statement in the Magistrate’s Court? Why would the defence make one?
Defence statement is not compulsorily. But if decide to do so, must be done within 14 days of prosecution’s initial disclosure.
Failure to make a defence statement will prohibit the defence from making an application for specific disclosure.
What if the defence wants to call a witness? Are there any time limits?
D must disclose to the court and P a notice indicating:
- D wishes to call a witness, and
- ID the witness
Magistrates Court - notice must be served within 14 days of P’s initial disclosure
Crown Court - notice must be served within 28 days of P’s initial disclosure
What happens if the defence statement is not served/insufficient in the crown court?
- jury may draw an adverse inference (although can’t convict solely on the basis of an adverse inference).
- P can comment on the omission without leave of the court
- P could challenge the lack of defence by serving a notice on the court and D seeking the court to direct that an adequate statement of defence is made
What happens if the defence statement is not served/insufficient in the magistrate’s court?
- no adverse inference if no defence statement is made.
- However, can draw adverse inference if insufficient defence statement is made.
Why make a defence statement in the Mag?
Allows specific disclosure
How does a ‘defence statement’ help the disclosure?
The prosecution are under a duty to continually review disclosure. The defence statement allows the prosecution a chance to re-review its disclosure.
how long does the prosecution have to respond to an application for specific disclosure?
14 days
What are the possible consequences of the prosecution failing to disclose?
- D could bring an application to stay the indictment.
- conviction could be quashed on appeal.
- delay, costs, refusal to extend custody time limits
- exclusion of evidence
When and how should P obtain third party material?
if third party material might be considered capable of undermining the prosecution or assisting the defence, then P should take steps to obtain it.
P can obtain the information trough a summons.
What if the prosecution holds evidence that is sensitive?
P must apply to the court for a ‘non-disclosure in the public interest’ and the court will decide on the minimum necessary redaction
What happens if a witness statement is agreed?
if agreed by prosecution and defence, it is simply read out in court. If the statement is challenged, the witness must be called and challenged orally.
