Disclosure

Question 1

Principles of Disclosure (5)

Answer 1

-RELEVANCE. All relevant material is discoverable, unless withholding is justified under S 16, 17 or 18.
-NO OBLIGATION to material that is not already in Police possession or control (S 15).
-disclosure is an ON-GOING process and the reasons for withholding a document should be continually re-assessed.
-disclosure process must be AUDITABLE, ACCOUNTABLE and RECORD DECISIONS.
-effective FILE MANAGEMENT systems are critical to successful disclosure.

Question 2

On appointment to the role, the DM must…(3)

Answer 2

-read the DM DESK FILE
-access the current serious crime TEMPLATE.
-report to the 2IC to receive a briefing, tasking, establishing what is and is not discoverable and ongoing supervision.

Question 3

Key responsibilities - the DM must…(8)

Answer 3

-ensure all relevant and discoverable material is PROVIDED to DEFENCE.
-ensure all relevant and discoverable material is IDENTIFIED, LISTED and DEFENCE ADVISED.
-continually assess the RISK to ensure that non-discoverable material is identified and not disclosed.
-continually review to ensure that ongoing lawful JUSTIFICATION to withhold exists.
-ensure that ROBUST AUDITABLE SYSTEMS are employed to record disclosure decisions and actions.
-manage disclosure TIMEFRAMES.
-retain and file all CORRESPONDENCE with defence in the 50000 series.
-record disclosure delivery in NIA.

Question 4

The disclosure method selected will depend on the…(8)

Answer 4

-actual and anticipated SCALE of the investigation.
-RESOURCES available to the DM.
-TECHNICAL ABILITY of the DM.
-investigation file being STORED in electronic or hard copy format.
-NUMBER of PERSONS charged.
-AMOUNT of material to be disclosed.
-SENSITIVITY of the material.
-DEFENCE COUNSEL INVOLVED and any agreement to receive in a particular format.

Question 5

Examples of 10000 series documents (8)

Answer 5

-statements.
-notebooks
-jobsheets
-VRI transcripts.
-previous convictions of witnesses.
-SoF.
-specialists reports.
-expert evidence.

Question 6

Examples of 50000 series documents that may be withheld (10)

Answer 6

-SW applications.
-SDW applications.
-CHIS information reports.
-notes re: COVERT techniques.
-ANALYTICAL material.
-operation ORDERS/briefing material.
-conference notes.
-INTERNAL Police reports and instructions.
-material regarding ALIBI enquiries.
-COMMERCIALLY sensitive material.

Question 7

Rationale for applying sequential page numbers (5)

Answer 7

-facilitates EFFECTIVE AUDITING of disclosed material.
-provides a REFERENCE for material that does not fall within the numbering system.
-the court process is expedited because all parties can refer to material by a UNIQUE page reference.
-any illegitimate claims made by defence that particular material was not disclosed can be PROMPTLY RESOLVED by providing an exact copy.
-enables ACCURATE RECORDS to be maintained.

Question 8

Other provisions for withholding information (4)

Answer 8

-S 16 of VRA 2002 (victim’s address)
-S 23 of VRA 2002 (don’t provide a VIS to the offender)
-S 179 of S & S 2012 (offence to disclose information acquired through search or surveillance)
-S 20 of Financial Transactions Reporting Act 1996 ( don’t disclose STRs)