Disclosure - Additional Issues Flashcards
What is purpose of defence statement?
1) No surprise for prosecution at trial
2) Allows prosecution to disclose in an informed way
Is prosecutions disclosure a one-time thing?
No, it is continuous throughout the case
How long does the continuing duty last for?
Until D is convicted, acquitted, or case does not proceed
What is specific disclosure?
D can make an application if they believe prosecution material is being withheld
What section is specific disclosure?
Section 8 application
When can a D not apply for specific disclosure?
If no defence statement has been served
What is included in a specific disclosure application?
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
Can a hearing be called on specific disclosure?
Yes, by the defendant
How long does the prosecution have to respond to specific disclosure application?
10 business days
What should be done before a specific disclosure application?
Discussion and co-operation between the parties – this is last resort
What are the consequences of a failure in prosecution duty to disclose?
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
What is third-party disclosure? When can it be used and by whom?
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
How would the prosecution obtain third-party disclosure?
By making a request to the third party
What happens if a Third Party does not provide access to the Prosecution?
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
What if a piece of material is a risk of serious prejudice to an important public interest?
The prosecution can apply for non-disclosure in the public interest (Public Interest Immunity Application)
What must be included in a Public Interest Immunity application?
1) Why sensitive and how much
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
