Criminal Disclosure

Question 1

In regards to the disclosure act what does section 10(4) refer to?

Answer 1

Provides that disclosure may be supplied in whatever form that the person holds it in, including electronically, 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.

Question 2

What is the disclosure managers initial action?

Answer 2

• read the disclosure managers desk file
• access the current serious crime template downloaded at the local district shared drive, for use during the investigation (IMT?)
• report to 2IC to receive a briefing tasking establishing what information is and isn’t discoverable and ongoing supervision

Question 3

What should be provided to the crown in regards to disclosure?

Answer 3

The crown should be provided with an identical copy of all material that is disclosed to the defense counsel. The crown should also review an un-edited copy of the material where appropriate. This material should remain under control of the file manager while it is being reviewed.

Question 4

What are police obligations when counsel is reassigned?

Answer 4

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.