disclosure

Question 1

Prosecutions initial duty of disclosure

Answer 1

Duty of disclosure by prosecution = prosecution must disclose all material that might help D (unused material) once the duty has been triggered

The duty to disclose is triggered when D enters a not guilty plea in the magistrates court, or the matter is sent for trial to the Crown Court

Disclosure test = any material which undermines the prosecution case or could reasonably assist the defence case should be disclosed to the defence (objective test)

Question 2

what does a defence statement consist of? (5)

Answer 2

• set out nature of the defence
• disputed issues and why
• any particular issues D intends to rely on in their defence
• any points of law (admissibility/ abuse of power) D intends to rely on
• alibis or alibis witness

Question 3

when can D make an application for specific disclosure

Answer 3

D can only apply for specific disclosure where:
- D already serves a defence statement and
- the prosecution either provided further disclosure or notice of no further disclsorure (after D served the defence statement)

Question 4

what are the consequences of prosecution failing to discharge its duty of disclosure?

Answer 4

• D may issue an application to stay the indictment on gorunds of abuse of process
• Evidence might be excluded by courts discretionary power under 278
• conviction can be quashed on appeal due to conviction being unsafe
• prosecution evidence can be excluded
• wasted costs orders
• Refusal to extend custody tome