Disclosure - Additional Issues Flashcards

1
Q

What is purpose of defence statement?

A

1) No surprise for prosecution at trial
2) Allows prosecution to disclose in an informed way

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2
Q

Is prosecutions disclosure a one-time thing?

A

No, it is continuous throughout the case

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3
Q

How long does the continuing duty last for?

A

Until D is convicted, acquitted, or case does not proceed

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4
Q

What is specific disclosure?

A

D can make an application if they believe prosecution material is being withheld

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5
Q

What section is specific disclosure?

A

Section 8 application

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6
Q

When can a D not apply for specific disclosure?

A

If no defence statement has been served

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7
Q

What is included in a specific disclosure application?

A

An explanation why there is reasonable cause to believe:

A) The prosecution has the material; and
B) That it is material that should be disclosed under the CPIA

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8
Q

Can a hearing be called on specific disclosure?

A

Yes, by the defendant

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9
Q

How long does the prosecution have to respond to specific disclosure application?

A

10 business days

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10
Q

What should be done before a specific disclosure application?

A

Discussion and co-operation between the parties – this is last resort

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11
Q

What are the consequences of a failure in prosecution duty to disclose?

A

1) Application to stay indictment on ground that to continue would be abuse of court process
2) Conviction being quashed on appeal due to being unsafe
3) Delay and imposition of wasted costs order
4) Refusal to extend custody time limits
5) Exclusion of evidence due to unfairness

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12
Q

What is third-party disclosure?

A

The prosecution has the duty to pursue material that might be held by third parties that might undermine the prosecution case or assist the case of the accused

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13
Q

How would the prosecution obtain third-party disclosure?

A

By making a request to the third party

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14
Q

What happens if a Third Party does not provide access to the Prosecution?

A

The prosecution can seek a summons under s3 Criminal Procedure (Attendance of Witnesses) Act 1965 (Crown Court) – or in similar provisions of Magistrates’ Court Act 1980

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15
Q

What if a piece of material is a risk of serious prejudice to an important public interest?

A

The prosecution can apply for non-disclosure in the public interest (Public Interest Immunity Application)

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16
Q

What must be included in a Public Interest Immunity application?

A

1) Why material is sensitive and to what degree
2) Consequences of disclosure
3) Relevance of material to issues
4) Implications for continuing prosecution if material is disclosed
5) Whether possible to make disclosure without compromising sensitivity