Criminal Disclosure Act Flashcards
What form may disclosure be disclosed in? Section 10(4) Criminal Disclosure Act 2013
Information required to be disclosed under this Act may be disclosed in whatever form (including electronically) that the person disclosing the information holds it in at the time the obligation to disclose arises and that is readily accessible to the defendant.
Consideration must be given to whether defendant has ready access to a computer with which to access electronic disclosure documents, particularly if in prison.
What must be disclosed to defendant - Section 13(3)
(a) a copy of any statement made by a prosecution witness; and
(b) a copy of any brief of evidence that has been prepared in relation to a prosecution witness; and
(c) the name and, if disclosure is authorised under section 17, the address of any person interviewed by the prosecutor who gave relevant information and whom the prosecutor does not intend to call as a witness; and—
(i) any written account of the interview, whether signed or unsigned, and any other record of the interview; and
(ii) any statement made to the prosecutor by the person; and
(d) any convictions of a prosecution witness that are known to the prosecutor and that may affect the credibility of that witness; and
(e) a list of all exhibits that the prosecutor proposes to have introduced as evidence as part of the case for the prosecution; and
(f) a list of all relevant exhibits in the possession of the prosecutor that the prosecutor does not propose to have introduced as evidence; and
(g) a copy of any information supplied to the prosecutor in connection with the case by any person or persons whom the prosecutor proposes to call to give evidence as an expert witness or witnesses; and
(h) a copy of any relevant information supplied to the prosecutor by a person or persons whom the prosecutor considered calling to give evidence as an expert witness or witnesses, but elected not to do so.
When must information be disclosed - Section 13(1) CDA
(1)The prosecutor must disclose to the defendant the information described in subsection (2) as soon as is reasonably practicable after a defendant has pleaded not guilty.
Further disclosure - Section 13(5) CDA
(5)If information referred to in subsection (2) comes into the possession or control of the prosecutor, or is prepared in recorded form, after the prosecutor has disclosed information in accordance with subsection (1) and before the hearing or trial is completed, the prosecutor must disclose the information to the defendant as soon as is reasonably practicable.
