Criminal Disclosure

Question 1

What are the key responsibilities of the disclosure manager?

Answer 1

• 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 assess the risk to ensure that non-discoverable material is identified and not disclosed
• continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld

Question 2

Defence counsel relationships

Answer 2

All communication with defence counsel should be conducted through the 2IC, or Crown solicitor, where engaged.

Question 3

Obligation when counsel is reassigned

Answer 3

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.

Question 4

What does different disclosure methods depend on?

Answer 4

• actual and anticipated scale of the investigation
• resources available to the Disclosure Manager
• investigation file being stored in electronic or hard copy format
• number of persons charged
• sensitivity of material

Question 5

Crown disclosure

Answer 5

• Crown should be provided with identical copy of material that is disclosed to defence
• Crown should review unedited copy
• Material should remain under control of file manager while being reviewed

Question 6

Alibi enquiries

Answer 6

Police are not obliged to provide disclosure regarding alibi enquiries.

Question 7

What statutory provisions contain specific grounds for withholding?

Answer 7

• section 16 and 23 - victims rights act
• section 20 - financial transaction reporting act
• section 179 - search and surveillance act

Question 8

When is there a statutory power to require information?

Answer 8

• section 5 - serious fraud act
• section 11 - social security act
• section 161 - customs excise act
• section 274 and 275 - immigration act