Criminal disclosure

Question 1

Inital actions of disclosure manager

Answer 1

1. read the disclosure manager desk file
2. access the serious crime template and download to the district shared drive to use
3. report to the 2IC to recieve breifing, tasking, establishing what info is and is not discoverable and ongoing supervision

Question 2

What are the key responsibilities of the disclosure manager

Answer 2

*ensure all relevent and discoverable material is provided to defense
*ensure all relevant non discoverable material is identifed, listed and defense advised
*continually assess the risk to ensure that non discoverable material is ID’d and not disclosed
*continually review to ensure that ongoing lawful justification to withhold exists for each doco that is witheld
*ensure robust auditable systems are employed to record disclosure decissions and actions - maintaining the index
*manage disclosure time frames within the provisions of the Act or directed by the courts
*reatin and file of correspondance with defence, incoming and outgoing, in the 50000 serires catagotry
* create a NIA record aginast the charges, record inital delivery, that the index is held in the Op file and the location of that file -file path

Question 3

what info should Dis Manager provide to the crown regarding disclosure?

Answer 3

crown should be provided with an identical copy of everything the defence have, thay should also review an unedited copy, where appropriate

Question 4

S10(4) Disclosure act obligation imposed by this section on the person providing the disclosure

Answer 4

may be supplied in what ever form, including electronically, that the perosn disclosing the info hold it at the time of request, provided it will readily accessable to the defendant

consideration musy be given to whether a defendant has a ‘ready’ access to a computer, with access to electronics dis dococ, particulary if remanded

Question 5

Defence counsel relationships who should this be done by

Answer 5

all comunication with defence should be done through the 2IC, or crown if they are engaged

Question 6

Obligations when counsel is reassigned

Answer 6

ensure that the replacement counsel is provieded with the material previously disclosed, this may be done by the outgoing counsel by confrimation in writing they have passed all m aterial on or providing the new cousel a new copy.

Question 7

The file manager must assist the 2IC on a daily basis to carry out a number of duties, describe these duties

Answer 7

the file manager has to establish the requirement for the Investigation HQ inluding
Location
Office support staff
Transport
Equiptment
Communications
ICT requirements