CLP Specific Disclosure

Question 1

When can an application for specific disclosure be made?

Answer 1

If the defence have filed a defence statement

Question 2

What is an application for specific disclosure (s8 application)

Answer 2

Under s8, the defence can make an application to court where it has reasonable cause to believe that there is prosecution material which should have been disclosed, but which has not been disclosed

• the application must be for a specific item

Question 3

Structure for specific disclosure

Answer 3

1. Defence statement filed
2. What is the specific item? Was it referred in the defence statement? (Application must be for a specific item)
3. Test –> D has reasonable cause to believe that prosecution material which should have been disclosed, has not been disclosed
4. Explain: WHY there is reasonable cause to believe that the prosecutor has material and WHY it should be disclosed