Disclosure - Defence Flashcards
What is it the duty of the defence to serve?
A defence statement on the Crown Court and prosecution
What is a defence statement?
A written statement setting out nature of defence
Is a defence statement different to a D’s proof of evidence?
Yes
Is D’s proof of evidence disclosable?
No, it is a privileged document
Does the D have a duty to serve material which might be helpful to the prosecution?
Not at all
What needs to be contained in a defence statement?
1) Nature of defence, any defences in which he intends to rely
2) Matters of fact which he takes issue with prosecution
3) Reasons for taking issue with prosecution
4) Setting out particulars of fact on which he intends to rely
5) Indicating any point of law (i.e. admissibility, abuse of process) which he wishes to take
What must a defence statement that discloses an alibi include?
1) Name, address, DoB of any witness that can support alibi
2) Any information which can help identify or find any witness
When must a defence statement be served on the prosecution and the court in the Crown Court?
Within 28 days of prosecution initial disclosure or in which it purports to do so
Can this time limit be extended in the Crown Court?
Only if not reasonable to require it within 28 days
Does the D need to serve a defence statement on the Magistrate’s Court?
No
If they choose to serve a defence statement on Magistrate’s, when will it be done?
Within 10 business days of prosecution initial disclosure
What is the effect of not serving a defence statement on Magistrate’s?
D will be unable to make an application for specific disclosure
What is the Notice of Intention to Call Defence Witnesses?
D must disclose: A) IF they wish to call a witness to trial; and, B) Identify that witness (name, address, DoB or any other relevant information)
Is an alibi witness included in the Notice of Intention to Call Defence Witnesses?
No, they will be in the defence statement. No need to repeat.
Where are alibi witnesses included?
In the defence statement, not in the Notice of Intention to Call Defence Witnesses
When is the Notice of Intention to Call Defence Witnesses due?
Crown Court – 28 days of prosecution disclosure
Magistrates Court – 10 business days of standard directions
When could consequences be given to the D in the Crown Court?
a) Failing to serve defence statement
b) Failing to do so in time limit
c) Serves a defence statement which is deficient
d) Relies on defence at trial that is different to defence statement
What are the consequences for Defence Disclosure Failure in the Crown Court?
1) Adverse inferences
2) Warning at PTPH
3) Force the provision of adequate statement
Could the Court prevent the D from then calling an alibi witness?
No
Can the defendant be convicted solely or mainly on adverse inference?
No
What are the consequences for Defence Disclosure Failure in the Magistrate’s?
There are none – as no duty to disclose
But will not be able to make specific disclosure
Can adverse inference be drawn at all in Magistrate’s?
Yes, if they decide to disclose but do it late
Can a D still make specific disclosure if there is no defence statement?
No, they will not be entitled to make an application
