Criminal disclosure act

Question 1

4 types of disclosure

Answer 1

1. Initial disclosure
2. Further initial disclosure
3. Full disclosure
4. Additional disclosure

Question 2

What is disclosure….

Answer 2

The obligations for police and other parties to disclose specific and relevant information to those charged with an offence within set time frames.

Question 3

Section 12 initial disclosure

Answer 3

Trigger: commencement of proceedings
Timing: 21 days
Content: sum facts, max/min penalty, history, initial disclosure letter
Recording: initial disclosure receipt
No withholding grounds apply: no

Question 4

S.12 further initial disclosure

Answer 4

Trigger: upon written request by the defendant after commencement of proceedings.
Timing: as soon as reasonably practicable but 14 days prior to next hearing.
Eg. Names of witnesses, notebook statements, interviews, exhibits, job sheets, diagrams and photos.

Question 5

Section 13: full disclosure

Answer 5

Trigger: after not guilty plea, election of trial by jury or first appearance for a charge.
Timing: as soon as reasonably practicable prefer 14 days prior to next substantive hearing.
- any new info has to be disclosed
- advise on any info withheld

Question 6

Section 14: additional disclosure

Answer 6

Trigger: following a request from the defendant at any time after the police duty to make full disclosure has arisen.
Timing: as soon as reasonably practicable

Question 7

Section 16: reason for withholding info

Answer 7

1. Endanger the safety of any person
2. Pre-trial witness anonymity
3. Witnesses addresses
4. Info does not exist or cannot be found
5. Would be likely to commission another offence