Criminal Disclosure Flashcards
Role of Disclosure Manager
Must assess the amount and type of material to be disclosed and determine whether timeframes will be complied with. If it becomes evident these timeframes will not be complied with, the Disclosure Manager must liaise 2IC/Crown/Prosecutions to make an application for an order to set out a timetable for disclosure pursuant to section 32 of Criminal Disclosure Act.
Principles Guiding a Disclosure Manager
- Relevance
- No obligation to acquire material that is not already in Police possession, for the purpose of satisfying disclosure obligations
- Disclosure is an ongoing process
- Must be auditable, accountable and record decisions
- Effective file management
Initial Actions of Disclosure Manager
On appointment to the role, the Disclosure Manager must:
• read the Disclosure Managers desk file
• access the current Serious Crime Template downloaded to the local district shared drive, for use during the investigation
• report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable, and ongoing supervision.
Key Responsibilities of a Disclosure Manager
- ensure all relevant and discoverable material is provided to defence counsel
- ensure all relevant and non-discoverable material is identified, listed and defence advised
- continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld
- ensure that robust auditable systems are employed to record disclosure decisions and actions (this includes compiling and maintaining the Disclosure Index)
- manage disclosure timeframes within the provisions of the Act, or as otherwise directed by the Courts
- retain and file all correspondence with defence counsel, both incoming and outgoing, in the 50000 series document category
- create a record in NIA of disclosure against the charge(s), and make a brief record of delivery of initial disclosure in NIA. Record in NIA that the Disclosure Index is held in the operation file and the location of that file - e.g. File Path Name
Format of Disclosure Material
More recently, section 10(4) of the Act provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant. Consideration must be given to whether a defendant has ‘ready’ access to a computer with which to access electronic disclosure documents, particularly if remanded in prison.
Defence Counsel Relationships
All communication with defence counsel should be conducted through the 2IC, or Crown solicitor, where engaged.
Multiple Defendants
As a general principle, where two or more defendants are charged, the same disclosure package should be provided to each defendant. A single Disclosure Index should preferably be used for all defendants.
Reassignment of Defence Counsel
Police have an obligation where the legal representative of a defendant is replaced, to ensure the replacement counsel is provided with all material previously disclosed. This may be achieved by obtaining confirmation in writing from the replacement counsel that they have received all material previously disclosed from the outgoing counsel, or by providing the replacement counsel with a fresh copy.
Alibi Enquiries
Police are not obliged to provide disclosure regarding alibi enquiries. R v Shaqlane and R v Hitchings refer.
Crown Disclosure
The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate. This material should remain under the control of the File Manager while it is being reviewed.
