Disclosure – Additional Issues Flashcards
What does the prosecution’s continuing duty of disclosure require?
A. Review of disclosure whenever the defence statement is served or developments occur
B. Disclosure of all unused material regardless of relevance
C. Immediate disclosure before any defence is served
D. Disclosure only when ordered by the judge
A – Review of disclosure whenever the defence statement is served or developments occur
Explanation: Under s.7A CPIA and the A-G’s Guidelines, prosecutors must keep disclosure under review throughout the proceedings.
What is required for the defence to make an application for specific disclosure under s.8 CPIA?
A. An expert report challenging prosecution evidence
B. A defence statement must have been served
C. A jury request for more evidence
D. A direction from the Crown Court judge
B – A defence statement must have been served
Explanation: A defence statement is a prerequisite for a s.8 application. Without it, the defence cannot apply for specific disclosure.
What is the correct route if the prosecution wants to withhold material that meets the disclosure test but is sensitive?
A. Disclose it only to defence counsel in private
B. Withhold it without explanation
C. Apply to the judge for Public Interest Immunity (PII)
D. Mark it as irrelevant
C – Apply to the judge for Public Interest Immunity (PII)
Explanation: If material meets the disclosure test but is sensitive, the prosecution must apply for PII to seek the judge’s permission to withhold.
Which court power allows the prosecution to seek third-party material from a reluctant party in the Crown Court?
A. s.97 Magistrates’ Court Act 1980
B. s.3 CPIA 1996
C. s.8 CPIA 1996
D. s.2 Criminal Procedure (Attendance of Witnesses) Act 1965
D – s.2 Criminal Procedure (Attendance of Witnesses) Act 1965
Explanation: In the Crown Court, prosecutors may apply for a witness summons under s.2 to obtain relevant third-party material.
The defence statement raises a new issue not previously known. What must the prosecution do next?
A. Re-review all unused material in light of the new issue
B. Amend the indictment
C. Apply for an adjournment
D. Disclose all case files
A – Re-review all unused material in light of the new issue
Explanation: The continuing duty of disclosure requires the prosecution to reassess disclosure based on issues raised in the defence statement.
D believes a council holds documents that would help his case. What should the prosecution do?
A. Ignore the request unless ordered by the court
B. Take appropriate steps to obtain the material if relevant
C. Require the defence to contact the council directly
D. Ask the judge to strike out the defence
B – Take appropriate steps to obtain the material if relevant
Explanation: Although third parties are not bound by CPIA, prosecutors must try to obtain relevant material if it could help the defence.
D wants to apply for specific disclosure but has not served a defence statement. What is the result?
A. The court will hear the application anyway
B. The defence can only apply for a PII review
C. The application will be refused
D. The prosecution must justify their original decision
C – The application will be refused
Explanation: Specific disclosure under s.8 CPIA is only available after a defence statement has been served.
D serves a vague defence statement with no clear issues. What will likely happen if they apply for specific disclosure?
A. The court will accept it as a starting point
B. Disclosure will be automatic
C. The court will strike out the application
D. The application will likely be rejected as unfocused
D – The application will likely be rejected as unfocused
Explanation: A vague defence statement does not meet the requirement for a s.8 application. Courts expect clear issues to justify specific disclosure.
The CPS discovers new material after the prosecution case has closed. It could assist the defence. What should happen?
A. The material must be disclosed immediately
B. The trial must restart
C. The court will ignore the issue
D. The defence must apply for it
A – The material must be disclosed immediately
Explanation: The continuing duty of disclosure applies throughout the trial, including after the prosecution case closes.
Sensitive material is listed on the sensitive material schedule. What is the next step if it meets the disclosure test but poses a national security risk?
A. Disclose it with redactions
B. Apply for a PII ruling from the judge
C. Notify the defence but withhold the material
D. Ask the police to destroy it
B – Apply for a PII ruling from the judge
Explanation: If material is sensitive and meets the disclosure test, the prosecution must seek a PII ruling to withhold it lawfully.
The defence learns that a third party refused to provide potentially useful records. What could the prosecution do in a magistrates’ court?
A. Make a PII application
B. Refer to the Crown Court
C. Apply under s.97 Magistrates’ Court Act 1980
D. File an abuse of process motion
C – Apply under s.97 Magistrates’ Court Act 1980
Explanation: In the magistrates’ court, the prosecution can seek a summons under s.97 to obtain third-party records.
D challenges the fairness of the trial due to repeated disclosure failures. What is a possible legal remedy?
A. The case must proceed regardless
B. Strike out the jury
C. Force the prosecution to enter a guilty plea
D. Apply to stay proceedings as an abuse of process
D – Apply to stay proceedings as an abuse of process
Explanation: A failure to disclose may amount to an abuse of process, and the court may stay proceedings if fairness cannot be preserved.
