Disclosure

Question 1

what is he governing principle of disclosure

Answer 1

relevance.
there is no obligation to aquire for the purpose of satisying disclose obligations material that is not already in police possesion or control.
it is an ongoing process. continue to reassess reasons for withholding

Question 2

responsibilities of disclosure manager

Answer 2

ensure all relevant and discoverable material is disclosed (ensure what isnt is listed and advise)
continue to reassess materials to ensure that ongoing lawful justification to withhold exists

Question 3

S10(4)

Answer 3

disclosure may be supplied in whatever form that is held by the person disclosing it

Question 4

S12(2)(K) and S13(2)

Answer 4

prosecutor must provide defence with a list of material they wish to withhold

Question 5

what is the general principle when proving disclosure to multiple defendants

Answer 5

the same disclosure package should be provided to each defendant. a single index should preferably be used for all defendants

Question 6

initial action of disclosure manager

Answer 6

• read the disclosure manager desk file
• read all docs and ensure all relevant and discoverable material is provided to defence