Disclosure Flashcards
What does disclosure relate to?
The production of material or evidence that will be used at the trial of a defendant
Which statute governs disclosure?
Criminal Procedure and Investigations Act 1996
Are the prosecution and defence subject to the same disclosure requirements?
NO
what is the primary purpose of disclosure in the police station?
to assist the legal advisor in being able to properly protect and advance the legal rights of their client
What did the court say in R v Saunders?
CoA said suspects who are legally represented tend to get better disclosure in the police station
what is the duty of the investigator?
To retain all material obtained during the investigation
What 7 things can material obtained in the investigation include?
crime reports custody records recorded telephone calls witness statements interview records expert reports cctv footage
What should the disclosure officer do?
Record and log all material/evidence
what are the two types of disclosure for the prosecution?
Primary disclosure and secondary disclosure
What is primary disclosure of used material?
Disclosure of all the material the prosecution intend to rely upon at trial
Is it mandatory for the prosecution to disclose their primary material?
Yes
What is secondary disclosure?
Disclosure of unused material
which statutory provision governs secondary disclosure?
s3 CPIA 1996 as amended CJA 2003
How will secondary material be presented to the defence?
in a schedule of unused material
what does s3 CPIA require disclosure of?
Material that is capable of undermining the case for the prosecution or is capable of assisting the case for the accused.
What does the defence have to produce for the prosecution?
a defence disclosure statement
Which statutory provision governs the defence disclosure statement?
s6 CPIA 1996
What 6 things must be contained in the defence disclosure statement?
- the nature of the accused’s defence
- the matters of fact of the prosecution case with which the defence take issue
- why he takes issues with those facts
- any points of law he intends to rely upon
- details of alibi evidence
- request for disclosure of any unused evidence
What does s6C CPIA say the defence must disclose?
The name, DOB and address if any witnesses they intend to call at trial to give evidence for the defence
What does s6D CPIA say the defence must disclose?
The details of any expert they intend to call to give evidence at the trial
How soon must the Disclosure statement in the magistrates court be filed?
within 14 days from disclosure by the prosecution of unused material
How soon must the disclosure statement in the crown court be filed?
within 28 days from the disclosure by the prosecution of unused material
Which statutory provision says failings in the disclosure statement may result in inferences being drawn?
S11 CPIA 1996
what does s11 CPIA 1996 say?
Failings in the disclosure statement may result in inferences being drawn
in which four failing circumstances can inferences be drawn?
- if the statement is filed outside the time limit
- if the evidence given by the defendant in court is different to that contained in the statement
- the defence adduces an alibi that was not mentioned in the statement
- defence calls a witness not mentioned in statement
What must the prosecution do once the defence have served their statement?
Review the unused material again in light of this information and apply the s3 CPIA test.
What can the defence do if they have reasonable cause to believe there is material that should be disclosed to them?
apply to the court under s8 CPIA
Can the prosecution ever withold information?
Yes if it does not satisfy the s3 CPIA test or if it is protected by the public interest immunity
What happens if the defence apply to the court under s8 and the judge deems the evidence should be disclosed?
The prosecution will have 14 days to do so
What happens if the defence apply to the court under s8 and the judge deems the evidence should not be disclosed?
the defence will be told
Who’s permission is needed to withhold evidence under public interest immunity grounds?
The permission of the court
What 4 types of evidence may fall under the public interest immunity category?
- names of informants
- names of undercover police officers
- ministry of defence information
- anything that the prosecution deem not to be in the public interest to make known to the public
What happens if the material needed by the defence is in the hands of a third party and not the police?
The defence can apply for a witness summons under s2 Criminal Procedure Act 1965
What do the defence need to do in order to summon a third party witness?
show the existence of the material
show that it is in the interests of justice to issue the summons.
What will the summons of a third party witness do?
require the witness to produce the necessary material
