Disclosure

Question 1

What does disclosure relate to?

Answer 1

The production of material or evidence that will be used at the trial of a defendant

Question 2

Which statute governs disclosure?

Answer 2

Criminal Procedure and Investigations Act 1996

Question 3

Are the prosecution and defence subject to the same disclosure requirements?

Answer 3

NO

Question 4

what is the primary purpose of disclosure in the police station?

Answer 4

to assist the legal advisor in being able to properly protect and advance the legal rights of their client

Question 5

What did the court say in R v Saunders?

Answer 5

CoA said suspects who are legally represented tend to get better disclosure in the police station

Question 6

what is the duty of the investigator?

Answer 6

To retain all material obtained during the investigation

Question 7

What 7 things can material obtained in the investigation include?

Answer 7

crime reports
custody records
recorded telephone calls
witness statements
interview records
expert reports
cctv footage

Question 8

What should the disclosure officer do?

Answer 8

Record and log all material/evidence

Question 9

what are the two types of disclosure for the prosecution?

Answer 9

Primary disclosure and secondary disclosure

Question 10

What is primary disclosure of used material?

Answer 10

Disclosure of all the material the prosecution intend to rely upon at trial

Question 11

Is it mandatory for the prosecution to disclose their primary material?

Answer 11

Yes

Question 12

What is secondary disclosure?

Answer 12

Disclosure of unused material

Question 13

which statutory provision governs secondary disclosure?

Answer 13

s3 CPIA 1996 as amended CJA 2003

Question 14

How will secondary material be presented to the defence?

Answer 14

in a schedule of unused material

Question 15

what does s3 CPIA require disclosure of?

Answer 15

Material that is capable of undermining the case for the prosecution or is capable of assisting the case for the accused.

Question 16

What does the defence have to produce for the prosecution?

Answer 16

a defence disclosure statement

Question 17

Which statutory provision governs the defence disclosure statement?

Answer 17

s6 CPIA 1996

Question 18

What 6 things must be contained in the defence disclosure statement?

Answer 18

• 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

Question 19

What does s6C CPIA say the defence must disclose?

Answer 19

The name, DOB and address if any witnesses they intend to call at trial to give evidence for the defence

Question 20

What does s6D CPIA say the defence must disclose?

Answer 20

The details of any expert they intend to call to give evidence at the trial

Question 21

How soon must the Disclosure statement in the magistrates court be filed?

Answer 21

within 14 days from disclosure by the prosecution of unused material

Question 22

How soon must the disclosure statement in the crown court be filed?

Answer 22

within 28 days from the disclosure by the prosecution of unused material

Question 23

Which statutory provision says failings in the disclosure statement may result in inferences being drawn?

Answer 23

S11 CPIA 1996

Question 24

what does s11 CPIA 1996 say?

Answer 24

Failings in the disclosure statement may result in inferences being drawn

Question 25

in which four failing circumstances can inferences be drawn?

Answer 25

• 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

Question 26

What must the prosecution do once the defence have served their statement?

Answer 26

Review the unused material again in light of this information and apply the s3 CPIA test.

Question 27

What can the defence do if they have reasonable cause to believe there is material that should be disclosed to them?

Answer 27

apply to the court under s8 CPIA

Question 28

Can the prosecution ever withold information?

Answer 28

Yes if it does not satisfy the s3 CPIA test or if it is protected by the public interest immunity

Question 29

What happens if the defence apply to the court under s8 and the judge deems the evidence should be disclosed?

Answer 29

The prosecution will have 14 days to do so

Question 30

What happens if the defence apply to the court under s8 and the judge deems the evidence should not be disclosed?

Answer 30

the defence will be told

Question 31

Who’s permission is needed to withhold evidence under public interest immunity grounds?

Answer 31

The permission of the court

Question 32

What 4 types of evidence may fall under the public interest immunity category?

Answer 32

• 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

Question 33

What happens if the material needed by the defence is in the hands of a third party and not the police?

Answer 33

The defence can apply for a witness summons under s2 Criminal Procedure Act 1965

Question 34

What do the defence need to do in order to summon a third party witness?

Answer 34

show the existence of the material

show that it is in the interests of justice to issue the summons.

Question 35

What will the summons of a third party witness do?

Answer 35

require the witness to produce the necessary material