Criminal Disclosure Flashcards
What does information mean?
Information means and restored information in whatever form it contained.
What is disclosure
It is the information that the prosecution have to disclose unless there is good reason not to.
What is the golden rule for disclosure?
Disclose everything that is relevant
What section of the Criminal Disclosure Act 2008 states that the police do not have to obtain information that is not in their case?
Section 15
What does section 16 of the Criminal Disclosure Act state?
Reasons for withholding information
- disclosure of the information is likely to prejudice the maintenance of the law
- information is likely to endanger the safety of any person
- the information is a matter of correspondence between the o/c and the prosecutor
- the information is has addresses if the victims…. Pp
What are the four types of disclosure?
Initial disclosure
Further initial disclosure
Full disclosure
Additional disclosure
When is initial disclosure made?
On the commencement of proceedings.
Regarding additional disclosure what is information can be excluded
The information is not relevant
The information is withheld under section 5,16,17,18
Or the request appears to be frivolous
What must the defence disclose to the prosecution?
Alibi with in 10 working days of a not guilty plea