Criminal Disclosure Act 2008

Question 1

When, after commencing criminal proceedings, must mandatory information disclosure occur?

Answer 1

As soon as practicable, but no longer than 21 days.

Section 12 – Initial Disclosure (Mandatory Disclosure)
Trigger – Commencement of proceedings
Timing – Within 21 days
Mandatory Content – Summary of Facts, Max/Min penalties, history, Initial Disclosure letter

Question 2

When, after commencing criminal proceedings, must further initial disclosure occur?

Answer 2

When requested by the defendant, as soon as practicable, but preferably 14 days prior to the next substantive hearing.

Section 12(2) – Further Initial Disclosure (Requested)
Trigger – Upon written request by the defendant after commencement of proceedings
Timing – As soon as practicable (Preferably 14 days prior to next hearing)
Requested Content – Items listed in the Further Initial Disclosure Letter

Question 3

When after commencing criminal proceedings must additional disclosure occur?

Answer 3

Following defendants request, as soon as practicable, preferably 14 days prior to next substantive hearing

Question 4

When after commencing criminal proceedings, police come across new information, when must they disclose it?

Answer 4

As soon as reasonably practicable

Section 14(5) – New Information
If police come in possession or control of new information after disclosure has been made, they must disclose the information to the defendant, as soon as reasonably practicable.
Police must continue to disclose new relevant information received while the criminal proceedings are in progress.

Question 5

What documents are disclosed during the disclosure process?

Answer 5

Notebook, statements, job sheets, DVD/video recordings, photos.

NOT 258 / OR.

Question 6

When is disclosure deemed to be served?

Answer 6

Section 10 – Service of Disclosure
Deemed to be served when:
Personally delivered to that person
By post, fax, or by electronic means at an address nominated by the defendant.

Question 7

When after commencing criminal proceedings, must defence disclosure be disclosed?

Answer 7

Section 22 – Defence Disclosure
Defence must give written notice to the prosecutor of the particulars of any alibi they indent to use, within 14 days of a not guilty plea, election of trial by jury, first appearance for a charge laid indictably.

Question 8

When after commencing criminal proceedings must full disclosure occur?

Answer 8

Section 13 – Full Disclosure
Trigger – Not guilty plea, election of trial by jury, first appearance for a charge laid indictably
Timing – As soon as reasonably practicable (Preferably 14 days prior to next hearing)
Content – Any relevant information listed in the Full Disclosure Letter