Disclosure Flashcards
When are initial disclosure responsibilities triggered?
By the commencement of proceedings.
To be delivered no later than 15 working days from that time.
2 main Police systems that support disclosure:
- National Intelligence Application (NIA)
- Investigation Management Tool (IMT)
What is disclosure?
The process through which all parties comply with their legal obligations to provide and share the evidence upon which the prosecution case is built.
What is the CDA and what is its purpose?
Criminal Disclosure Act
To promote fair, effective and efficient disclosure
What is the governing principle of disclosure within the CDA?
- Relevance
- No obligation to acquire material that is not in Police possession
- Disclosure is ongoing
- Effective file management is critical
What are the 3 disclosure stages:
- Initial disclosure
- Full disclosure
- Additional disclosure
What does Section 15 of the CDA outline?
Police is not required to disclose information if it:
- is not in possession or control of that information at the time or
- does not hold the information in recorded form
In High Court Trials what will be scheduled at the Case Review Hearing and for what purpose?
Judicial Disclosure Conference
To consider compliance with disclosure obligations
Why does a Prosecutor have to review all cases before they reach court?
Ensure that:
- Test for prosecution is met
- Charges are appropriate
- All required information is contained in file
- The necessary disclosures met
What should Police prosecutors be doing to support the O/C with disclosure requests:
- Providing initial disclosure at first appearance
- Ensure disclosure requests are forwarded
- Provide notice of delays
- Check whether withheld information is now disclosable
Mandatory initial disclosure timeframes:
Initial Disclosure:
- At the commencement of proceedings, no later than 15 working days after commencement or
- longer if allowed by court or
- no later than first appearance if defendant is child or YP
What information must be disclosed at the commencement of criminal proceedings?
- Charging document
- SOF
- Max penalty
- Initial disclosure record
- QHA
Additional materials that may be requested following initial disclosure:
- Witness list
- Notebook entries
- Statements
- ESR reports
- Jobsheets
- FH report
Full disclosure timeframes:
Defendant has gone NG?
Full Disclosure:
- As soon as reasonable practicable after NG (no more than 3 weeks)
After a NG plea is entered when is the next court date?
Case Review Hearing
No more than 45 working days after NG plea - for category 3 & 4.
No more than 30 working days for all other
At what points throughout the court process should you review withheld/undisclosed materials?
- When initial and full disclosures are discharged
- Whenever additional disclosure requests are actioned
- Shortly before the case goes to court
On what grounds can Police decline an additional disclosure request?
- The information is not relevant
- The information may be withheld under Section 15,16,17 or 18
- The request appears frivolous
Define relevance:
Information or an exhibit that tends to support or rebut or has a material bearing on the case
Reasons for withholding information:
- Prejudice the maintenance of law
- Likely to endanger the safety of any person
- Subject to Section 108 and 109 of the Evidence Act (undercover officers)
- Disclosure likely to facilitate the commission of another offence
- The information does not exist or cannot be found
What is an identification witness?
Someone who claims to have seen the offender in the circumstances of the offence
Explain what information can be withheld regarding victim contact information:
Under Section 16
Residential address, email, phone number.
Must have leave of judicial officer to disclose in court
What is outlined in Section 10(4) of the Criminal Disclosure Act 2008?
Information may be disclosed in whatever form that the person disclosing the information holds it
What are Police responsibilities when defence counsel changes mid way through court proceeding?
Police responsibility to disclose.
The lawyer will sometimes transfer disclosure over to new lawyer but there is not requirement for them to do this.
Police responsibility to make full disclosure asap
Examples of rebuttal evidence?
- CCTV that did not record the suspect at offence
- Police notebook saying the suspect was somewhere else
- A fingerprint from the scene that cannot be identified
Disclosure manager responsibilities:
- Provide initial disclosure
- Provide full disclosure
- Address requests for additional disclosure
- Complete disclosure index
- Review for relevance
- Get O/C approval
- Seek specialist advice
