Criminal disclosure relating to homicide and serious crime: Role of disclosure manager

Question 1

**What are the principles disclosure managers should be guided by?

Answer 1

• Relevance. All relevant material contained on an investigation file is discoverable, unless withholding or deletion of the material is justified
• There is no obligation to acquire, for the purpose of satisfying disclosure obligations, material that is not already in police possession or control, or that is not held
• Disclosure is an on going process and the reasons for withholding a document should be continually reassessed. In the event that the justification withholding no longer exists, the material should be provided to defence counsel
• The disclosure proves must be auditable, accountable and record disclosure decisions that are made in relation to a particular document.
• Effective file management systems are critical

Question 2

**Under the criminal disclosure act, when does disclosure obligations begin?

Answer 2

At the commencement of proceedings

Question 3

Initial actions to be taken by disclosure manager:

Answer 3

• Read the disclosure managers desk file
• Access the current serious crime template
• Report to 2IC

Question 4

**Who is responsible for maintaining the disclosure index?

Answer 4

Disclosure manager

Question 5

What is a 1000 series doc and what are some examples of them?

Answer 5

No justification for withholding them exists and include:

• FWS, briefs of evidence and witness statements
• Visually recorded interviews
• Convictions of prosecution witnesses relevant to credibility
• Summaries of facts
• Notebook entries
• Job sheets
• Specialist reports
• Expert evidence in the possession of the prosecution

Question 6

What are 5000 series documents and what are some examples

Answer 6

50000 series documents are those documents that may be withheld pursuant to sections 16, 17 or 18 of the Act.

Examples of 50,000 series documents may include.

• SW applications
• CHIS information reports
• Analytical material
• Operation orders/ briefing material
• Conference notes

Question 7

All communications with defence counsel should be conducted through:

Answer 7

2IC or Crown solicitor

Question 8

Who is ultimately responsible for managing disclosure decisions?

Answer 8

2IC investigations

Question 9

Are police obliged to provide disclosure relating to alibi enquiries?

Answer 9

No