Disclosure - additional Flashcards
What must the defence do to apply for disclosure of prosecution material?
The defence must have served a defence statement and the prosecutor must have either provided further disclosure or notified the defence that there is no further disclosure.
How long does the prosecution have to respond to a disclosure application?
10 business days.
What should applications for disclosure be seen as?
A last resort.
What can the defence do if the prosecutor fails to disclose material?
The defence can apply to stay the indictment on the ground of abuse of process.
What are potential consequences of failing to disclose prosecution material?
It could result in:
* Conviction being quashed on appeal due to being unsafe
* Delay and imposition of wasted costs
* Exclusion of evidence due to unfairness.
Is there a duty of disclosure for third parties?
No duty of disclosure exists for third parties.
When should prosecutors obtain material from third parties?
If the material could undermine the prosecution case or assist the defence.
What must the prosecution believe to seek material from a third party?
There must be some reason to believe the third party holds relevant material.
What can the prosecution do if a request for material from a third party is refused?
The prosecution can seek a summons for production of material.
What is public interest immunity?
It is when the prosecution may not disclose material if it risks serious prejudice to an important public interest.
What must the prosecution do to withhold material under public interest immunity?
Make a Public Interest Immunity Application to the Judge.
What will the court do regarding sensitive material?
The court will withhold it to the minimum extent necessary to protect public interest.
What should sensitive material be recorded in during the investigation stage?
In the Sensitive Material schedule.
