Disclosure - Additional issues Flashcards
What is the continuing duty of P disclosure?
Keep disclosure under review.
How do defence statements assist with P continuing duty?
P, disclosure officers & investigators can assess disclosure in light of what the defence is.
‘Focus the attention’ to exculpatory unused material.
When does the continuing duty of disclosure end?
Until case is disposed of.
Does material discovered after close of P case at trial need to be disclosed?
Yes
When will D make an app. for specific disclosure?
D has reasonable cause to believe P material should have been disclosed following service of defence statement.
What are the conditions to be be able to make an app. for specific disclosure? (2)
- D served defence statement.
- P has provided further disclosure since, or notified D there is no further disclosure to make.
Requests for disclosure of unused P material ____________ should be rejected.
…not related to an issue identified in defence statement…
What is included in an app. for specific disclosure?
Explanation of material sought.
Explanation of why there is reasonable cause to believe P has it, and it should have been disclosed.
Who is the app. for specific disclosure served on?
P & Court
Hearings
How long does P have to respond to an app. for specific disclosure?
(& it must be?)
10 business days
(In writing)
Last resort
What are potential consequences for disclosure failure by P? (4)
- D brings app. to stay - abuse of process
- Conviction quashed on appeal (unsafe)
- Exclusion of evidence (unfairness)
- Costs order
What happens if a third-party i.e. health/education authorities or financial institutions hold relevant material?
P should take appropriate steps to obtain such.
(No duty on third-party)
What must P believe to make a request for disclosure to a third-party?
There is some reason they hold the relevant material.
Speculative speculation inquires not required.
