Crim Lit Unit 2

Question 1

What statutory regime governs the disclosure of unused material by the prosecution and disclosure of the defence’s case?

Answer 1

CPIA 1996 Part 1
And
Code of Practice under CPIA 1996 s.23
And
CrimPR Part 15

Question 2

Why was the CPIA 1996 created around disclosure of materials?

Answer 2

There was miscarriages of justice such as in Ward [1993]

Question 3

When does the CPIA 1996 apply?

Answer 3

When cases are sent to the Crown Court until the conclusion of trial/ end of proceedings
And
In summary offences where D said not guilty

Question 4

What is the statutory duty towards police investigating an offence

Answer 4

To record and retain all information and material, gathered or generated, that may be relevant to the investigation

Question 5

The disclosure provisions of Part I of the CPIA 1996 apply when a criminal investigation started after….

Answer 5

1st April 1997

Question 6

When does CPIA Code apply?

Answer 6

When criminal investigations are carried out by police
And
investigations carried out by those with a duty to carry out investigations

Question 7

Under the CPIA Code, What is an investigator?

Answer 7

any police officer involved in the conduct of a criminal investigation

Question 8

Under the CPIA Code, What is a disclosure officer?

Answer 8

the person responsible for examining material retained by the police during the investigation and for revealing material to the prosecutor

Question 9

Under the CPIA Code, What is ‘officer in charge of the investigation’?

Answer 9

the police officer responsible for directing a criminal investigation, including ensuring that proper procedures are in place for recording information, retaining records of information and other material in the investigation

Question 10

What amounts to material that is ‘relevant to an investigation’?

Answer 10

If it appears to an investigator or disclosure officer that it has merely some bearing on any offence under investigation or ay person being investigated or on surrounding circumstances of the case

Question 11

When should there be a schedule?

Answer 11

CPIA Code para 6.2 says that relevant information that the disclosing officer doesn’t feel will be part of the prosecutions case must be listed in a schedule

Question 12

What is a MG6C form?

Answer 12

The form where a disclosure officer prepares a schedule

Question 13

What is sensitive material

Answer 13

Material which the investigator believes will give rise to a real risk of serious prejudice to an important public interest if it were to be disclosed

Question 14

What do the A-Gs Guidelines do?

Answer 14

Require prosecutors to do all that they can to facilitate proper disclosure

Question 15

In R [2015] what 5 things did the CoA say about large quantities of data?

Answer 15

A) the prosecution must be in the driving seat at the stage of primary disclosure
b) the prosecution must encourage dialogue with defence
c) The law is prescriptive of the result of disclosure
d) must be robust case management by the judge
e) they must be flexible

Question 16

What does Pre-charge Engagement Annex B to the A-G’s Guidelines do?

Answer 16

Allow for prosecutors, investigators, suspects, legal representatives to enter discussions at any stage after first PACE interview

Question 17

What are A-Gs guidelines for deciding whether the s.3 test is met

Answer 17

a) the use of the material in cross-examination;
b) its capacity to support submissions that could lead to the exclusion of evidence, a stay of proceedings or a finding that any public authority had acted incompatibly with the accused’s rights under the ECHR;
c) its capacity to suggest an explanation or partial explanation of the accused’s actions;
d) its capacity to undermine the reliability or credibility of a prosecution witness;
e) the capacity of the material to have a bearing on scientific or medical evidence in the case.

Question 18

What are Disclosure management documents

Answer 18

Prepared by prosecutor, showing explanation of discourse management, summary of prosecution case, understanding of defences case

Question 19

When must material not be disclosed

Answer 19

When the court has said it is not in the public interest
Or
When it is prohibited under IPA 2016

Question 20

Under CPIA s.3(1) what must a prosecutor do:

Answer 20

a) disclosure to accused, any material that has not be disclosed which may undermine the case for the prosecution
b) give the accused a written statement that there is no material under section (a)

Question 21

Under CPIA s.3(2) what is prosecutors material?

Answer 21

(a) material in the prosecutors possession about the case

Question 22

Under CPIA s.3(3) you can give material by:

Answer 22

(a) creating a copy and giving it the accused
(b) if (a) isn’t practical, allow the accused to inspect within reasonable time

Question 23

What does s.4 CPIA require prosecutors to do?

Answer 23

The schedule must be served on the accused when they disclose unused material

Question 24

When is a streamlined disclosure certificate used?

Answer 24

Summary trials

Question 25

What are the statutory time limits for disclosure in the Crown Court?

Answer 25

There are no specific ones. But CPIA s13(1) must be made as soon as reasonably practical

Question 26

What are the statutory time limits for disclosure in the Magistrates Court?

Answer 26

CPIA Code says that schedule at the hearing where a non guilty plea is entered

Question 27

What is a defence statement

Answer 27

A defence statement is a written statement setting out the basis on which the case will be defended