CLP 4 - Disclosure

Question 1

Disclosure - what is ‘used material’?

Answer 1

material the prosecution will rely upon at trail to prove its case against the defendant.

Question 2

Disclosure - what is Unused material?

Answer 2

Material not being relied upon by the prosecution.

Question 3

Disclosure - what information should be disclosed

Answer 3

Any information potentially relevant material which has not previously been disclosed and
might undermine the case or assist the accused

Question 4

Disclosure - what was the finding in R v H and C?

Answer 4

any material held by the prosecution which weakens its case or strengthens that of the defendant should be disclosed.

Question 5

What are the four stages of disclosure for the police?

Answer 5

1) investigation stage - duty to record and retain material during the investigation.

2) initial duty to disclose on the prosecution.

3) defence disclosure.

4) continuing duty on the prosecution to keep its disclosure under review.

Question 6

what roles are involved in an investigation?

Answer 6

• an officer in charge of the investigation - responsible for directing the investigation and ensuring that information is retained.
• an investigator - police officer conducting the investigation.
• a disclosure officer - responsible for examining material retained and revealing to prosecutor and defence at prosecutor’s request.

Question 7

What if the disclosure officer is in doubt?

Answer 7

they must seek the advice and assistance of the prosecutor.

Question 8

What material should be maintained?

Answer 8

All material which may be relevant to a criminal investigation.

Question 9

When does the duty to retain material last to?

Answer 9

• until a decision is taken whether to institute proceedings against a suspect for a criminal offence.
• where convicted, at least until release from custody (if no custody then 6 months from the date of conviction).

Question 10

What must a disclosure officer certify?

Answer 10

that to the best of their knowledge and belief they have complied with their duties under the Disclosure Code of Practice.

Question 11

What must a prosecutor certify?

Answer 11

Prosecutor must
- disclose any new material which might reasonably be considered capable of undermining the case for prosecution or assisting the case of the accused.
- give a written statement that the above has been complied with.

Question 12

When must disclosure on unused material be made?

Answer 12

Mag - pleads not guilty

Crown Court - Sent for trial

Question 13

what is ‘specific disclosure‘

Answer 13

The defence can make an application to the court where it has reasonable cause to believe that there is prosecution material which should have been disclosed.

Note: must relate to an issue identified in the defence statement and prosecution have either filed further info or said no further info available.

Question 14

Who must an application for specific disclosure be made on?

Answer 14

• Court
• prosecution

Question 15

how long does the prosecution have to respond to an application for specific disclosure?

Answer 15

14 days in writing

Question 16

Should the parties try and agree disclosure before an application for specific disclosure?

Answer 16

Yes

Question 17

What are the possible consequences of the prosecution failing to disclose?

Answer 17

• 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

Question 18

When must initial disclosure be made?

Answer 18

Magistrates court - as soon as is reasonably practicable after defendant has plead not guilty.

Crown Court - as soon as reasonably practicable
- after case is committed or transferred for trial.
- after evidence is served
- after indictment added

Question 19

What happens if evidence may be held by third parties?

Answer 19

• investigators should pursue all reasonable lines of enquiry

Question 20

What happens if the Prosecution doesn’t want to disclose information on the basis of public interest

Answer 20

• must apply to the court