CLP 4 - Disclosure Flashcards
Disclosure - what is ‘used material’?
material the prosecution will rely upon at trail to prove its case against the defendant.
Disclosure - what is Unused material?
Material not being relied upon by the prosecution.
Disclosure - what information should be disclosed
Any information potentially relevant material which has not previously been disclosed and might undermine the case or assist the accused
Disclosure - what was the finding in R v H and C?
any material held by the prosecution which weakens its case or strengthens that of the defendant should be disclosed.
What are the four stages of disclosure for the police?
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.
what roles are involved in an investigation?
- 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.
What if the disclosure officer is in doubt?
they must seek the advice and assistance of the prosecutor.
What material should be maintained?
All material which may be relevant to a criminal investigation.
When does the duty to retain material last to?
- 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).
What must a disclosure officer certify?
that to the best of their knowledge and belief they have complied with their duties under the Disclosure Code of Practice.
What must a prosecutor certify?
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.
When must disclosure on unused material be made?
Mag - pleads not guilty
Crown Court - Sent for trial
what is ‘specific disclsoure’
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, cannot be made if there’s a failure to make a defence statement.
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
