Disclosure and Relevancy

Question 1

What is disclosure?

Answer 1

Disclosure is providing the defence with copies or access to all material that is capable of undermining the prosecution case and/or assisting the defence. It is the role of the prosecutor to disclose material

Question 2

What are the 4 R’s

Answer 2

Record - record information in a durable or retrievable form with proper descriptions
Retain - material that may be relevant to the investigation
Review - the relevant material against the disclosure test and re-review when new information is received
Reveal - any material that may undermine the prosecution case and/or assist the defence

Question 3

What is considered relevant material to a case?

Answer 3

Relevant material is anything that appears to have some bearing on any person or offence under investigation or the surrounding circumstances

Question 4

What is a defence statement?

Answer 4

A written statement that sets out the nature of the accused’s defence. It must comply with the requirements set out in the Criminal Procedure and Investigations Act 1996

Question 5

What does the defence statement allow the prosecution to do?

Answer 5

Gives the prosecution opportunity to confirm or rebut any defence claims and can point the prosecution to other lines of enquiry

Question 6

After initial disclosure, what is the time limit for serving the defence statement and any details of defence witnesses?

Answer 6

• 28 days for Crown Court cases, unless extended by the court
• 14 days for Magistrates Court, although the accused does not have to serve a defence statement

Question 7

What is the disclosure test?

Answer 7

Identifies all relevant material that could undermine the prosecution case or assist the defence

Question 8

What is the difference between sensitive and non-sensitive material?

Answer 8

Sensitive - if you believe there is a risk of serious public prejudice to an important public interest

Non-sensitive - the material poses no risk

Question 9

Where is non-sensitive material recorded?

Answer 9

Non-sensitive material will be scheduled on a streamlined disclosure certificate if summary only or either way offence. If indictable only or either way but likely to be tried at Crown Court then a file upgrade is required and should be scheduled on an MG6C form

Question 10

Where is sensitive material recorded?

Answer 10

Sensitive information is recorded on a MG6D form