Criminal Disclosure

Question 1

Initial actions of Disclosure Manager

Answer 1

• Read the disclosure manager’s desk file
• Access the current serious crime template downloaded to the locat 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

Question 2

What are the key responsibilities of the disclosure manager?

Answer 2

• Ensure all relevant and discoverable material is provided to defence counsel
• Ensure all relevant and non-discoverable material is identified, list and defence advised
• Continually assess the risk to ensure that non-discoverable material identified and not dislcosed
• Continually review to ensure that ongoing lawful justification to withhold exists for each document that is witheld
• Ensure that robust auditable systems are employed to record disclosure decisions and actoins (this includes compiling and maintaing the disclosure index)
• Manage disclosure timeframes within the provisions of the Act, or as otherwise directedby 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 the fact of disclosure against the charges. Make brief record of disclosure delivery in NIA.

Question 3

What information should the disclosure manager provide to the Crown solicitor regarding disclosure?

Answer 3

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an unedited copy of the material where appropriate.

Question 4

Section 10(4) Disclosure Act obligation imposed by this section of the person providing disclosure.

Answer 4

• Disclosure may be supplied in whatever form, including electronically, that 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, particuarly if remanded in prison.