Disclosure

Question 1

What is unused material?

Answer 1

Material that may be relevant to the investigation and has been retained but does not form part of the prosecution case against the accused

Question 2

What is relevant material?

Answer 2

Use the relevancy test to establish if it appears to an investigator, OIC or disclosure officer to have some bearing on:

• Any offence under investigation
• Any person being investigated
• The surrounding circumstances

Question 3

What is evidence?

Answer 3

Material used to prove a case which will be disclosed to the defence through the evidential pathway

Question 4

What are the four Rs regarding material in an investigation?

Answer 4

• Record
• Retain
• Review
• Reveal

Question 5

What is the disclosure test?

Answer 5

Identifies any material that might be reasonably considered:

• Capable of undermining the case for the prosecution

OR

• Assisting the case for the accused

Question 6

Where should revealed digital material be disclosed

Answer 6

An MG6E