Disclosure

Question 1

Role of the Disclosure Manager – Initial actions:

Answer 1

A.
On appointment to the role, the Disclosure Manager must:

R • Read the Disclosure Managers desk file
A • Access the current Serious Crime Template downloaded to the local district shared drive, for use during the investigation
R • Report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable, and ongoing supervision

Question 2

List three of the key responsibilities of the disclosure manager?

Answer 2

The Disclosure Manager must:

D• Ensure all relevant and discoverable material is provided to defence counsel.
T• Manage disclosure timeframes in accordance with Disclosure Act, or as directed by the Courts.
N• Ensure all relevant and non-discoverable material is identified, listed and defence advised.
N• Ensure that non-discoverable material is identified and not disclosed
L• Ensure that ongoing lawful justification to withhold exists for each document that is withheld.
R• Retain and file all correspondence with defence counsel, both incoming and outgoing in the 50000 series document category.
N• Create a record in NIA of the fact of disclosure against the charge(s), and make a brief record of delivery of initial disclosure in NIA.
N• Record in NIA that the Disclosure Index is held in the operation file and the location of that file - e.g. File Path Name.

Question 3

Obligations when counsel is reassigned:

Answer 3

Police have an obligation where the legal representative of a defendant is reassigned, to ensure that the replacement counsel is provided with all materials previously disclosed.
This may be achieved by obtaining confirmation in writing from the replacement counsel that they have received all material previously disclosed from the outgoing counsel, or by providing them with a fresh copy.