Disclosure

Question 1

What is the governing principle of disclosure

Answer 1

The governing principle of disclosure is relevance. All relevant material contained of an investigation file is discoverable, unless withholding or deletion of the material is justified under section 16, 17 or 18 of the Act.

Question 2

The disclosure process must be..

Answer 2

auditable, accountable, and record disclosure decisions that are made.

Question 3

Disclosure is an ongoing process and…

Answer 3

the reasons for withholding a document should be continually reassessed to check justification.

Question 4

Section 15 of the Disclosure Act refers

Answer 4

There is no obligation to acquire material that is not already in Police possession or control, or that is not held in recorded form.

Question 5

On appointment to the role, the disclosure manager must:

Answer 5

• Read the disclosure managers desk file
• Access the current Serious Crime Template downloaded to the local district shared drive
• Report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable

Question 6

The disclosure managers key responsibilities are:

Answer 6

• Ensure all relevant and discoverable material is provided to defence counsel
• Ensure all relevant and non-discoverable material is identified, listed, and defence counsel 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 for each document that is withheld
• Manage disclosure time frames

Question 7

The method of disclosure will depend on

Answer 7

• Actual and anticipated scale of the investigation
• Resources available to disclosure manager
• Number of persons charged
• Amount of material to be disclosed
• Any agreement with defence counsel to receive disclosure in a particular format.

Question 8

The purpose of the disclosure index

Answer 8

The disclosure index is a list of all material disclosed and withheld, and the reasons for withholding. Dates of all disclosure request and when these were responded to must be recorded.

Question 9

What list must the prosecutor provide defence counsel with

Answer 9

A list of all the material Police wish to withhold.

Question 10

Responsibility for disclosure decision making

Answer 10

Ultimately to 2IC is responsible for managing disclosure decisions, but will consult with the disclosure manager to identify document that may need to be withheld or have deletions made.

Question 11

1000 series documents

Answer 11

Documents where no justification for withholding them exists such as:
- Formal statements
- Interviews transcripts
- Summary of facts
- Notebook entries

Question 12

50000 series documents

Answer 12

Documents that may be withheld pursuant to sections 16, 17 or 18 such as:
- Search warrant applications
- CHIS info reports
- Analytical material
- Op order/briefing material

Question 13

Disclosure relating to alibi enquiries

Answer 13

Police are not obliged to provide disclosure regarding alibi enquiries

Question 14

Disclosure of CHIS material

Answer 14

Must only be undertaken in accordance with with the CHIS Criminal Disclosure Practice Note. In any event, no disclosure of documents containing CHIS information is to be undertaken without the approval of a DSS.

Question 15

Disclosure page numbering

Answer 15

• Facilitates effective auditing of disclosed material
• Provided a reference for material which does not fall within the document numbering system I.e photographs
• All parties including the Court, Crown, jury, defence and prosecutor can refer to material by a unique page number
• Provides defence to any claims certain documents were not provided