Disclosure

Question 1

What is the investigator’s duty with regards to disclosure?

Answer 1

To retain any material obtained in a criminal investigation which may be relevant to that investigation.

Such material may include crime reports, custody records, interview records, and other relevant documents.

Question 2

What material must be retained by the investigator?

Answer 2

• Crime reports
• Custody records
• Records derived from tapes of telephone messages
• Final versions of witness statements and previous drafts
• Interview records
• Communication between police and experts
• Any material casting doubt on the reliability of a confession
• Any material casting doubt on the reliability of a witness
• Any other material that would fall within the test for primary prosecution disclosure

This list includes various types of evidence and documentation relevant to a criminal case.

Question 3

What is the duty of the prosecutor regarding disclosure?

Answer 3

To disclose any unused prosecution material which might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the accused.

This duty is based on S3 of the Criminal Procedure and Investigations Act 1996.

Question 4

What are the two conditions under which the prosecutor must disclose material?

Answer 4

• Undermining the case for the prosecution against the accused
• Assisting the case for the accused

This is an objective test that applies to the disclosure of evidence.

Question 5

When must the prosecutor make disclosure?

Answer 5

As soon as reasonably practicable, usually at the same time as service of the papers in Crown Court.

This is typically 70 days if bailed and 50 days if in custody.

Question 6

When does the prosecutor’s duty to disclose cease?

Answer 6

Until either the defendant is convicted or acquitted or the case is dropped.

This indicates that the duty to disclose is ongoing.

Question 7

What are the duties on the defence in relation to disclosure?

Answer 7

• In Magistrates’ Court, the defendant may supply a defence statement
• In Crown Court, the defendant must supply a defence statement

A defence statement may also be required to be served on co-defendants if the court orders it.

Question 8

What is the deadline for serving a defence statement?

Answer 8

Within 14 days of the prosecution complying with their duty of disclosure.

This ensures timely communication of the defence’s position.

Question 9

True or False: A defence statement is deemed to be given on behalf of the defendant.

Answer 9

True

This statement may also be shown to the jury.

Question 10

Fill in the blank: The prosecution must disclose everything they wish to rely on, such as _______.

Answer 10

witness statements

This is critical for ensuring a fair trial.