Criminal Disclosure Relating To Homicide And Serious Crime Investigations

Question 1

Initial actions-

On appointment to the role the disclosure manager must-

Answer 1

• read the disclosure manager desk file
• access the current serious crime template downloaded to the local district shared drive, for use during the investigation
• report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable, and ongoing by supervision

Question 2

Key responsibilities

The disclosure manager must-

Answer 2

1- ensure all relevant and discoverable material is provided to defence counsel
2- ensure all relevant and non-discoverable material is identified, listed and defence advised
3- continually assess the risk to ensure that non-discoverable material is identified and not disclosed
4-continually review to ensure that ongoing lawful justification to withhold exists for each document that is with held
5- ensure that robust auditable systems are employed to record disclosure decisions and actions(includes compiling/maintaining the disclosure index
6- manage disclosure time frames within provisions of the act, or as otherwise directed by the courts
7- retain and file all correspondence with defence counsel, both incoming and outgoing, in the 50000 series document category
8- create a record in NIA of the fact of disclosure against the charges, make a record of delivery of initial disclosure in NIA

Question 3

Defence Counsel Relationships

Answer 3

All communication with Defence Counsel should be conducted through 2IC or Crown Solicitor, where engaged

Question 4

Obligations when Counsel

Is reassigned

Answer 4

Police have an obligation, when defence counsel is replaced, to provide new counsel with all material previously disclosed.
This can be achieved by receiving in writing that new counsel has all material, or by providing a fresh copy.

Question 5

Format of disclosure material

Answer 5

s10(4) of the act provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the Defendant. Consideration must be given to whether a Defendant has ready access to a computer with which to access electronic disclosure, particularly if RIC.

Question 6

Crown Disclosure

What should the crown be provided with?

Answer 6

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The crown should also review an un-edited copy of the material, where appropriate. This material should remain under the control of the file manager while it is being reviewed.