Disclosure – Defence Flashcards
In which court is a defence statement compulsory?
A. Crown Court
B. Magistrates’ Court
C. Court of Appeal
D. Both Crown and Magistrates’ Court
A – Crown Court
Explanation: Defence statements are mandatory only in the Crown Court under s.5 CPIA. In magistrates’ court, they are optional.
What must a defence statement include if the defendant relies on an alibi?
A. Summary of the prosecution’s case
B. Name, address, and date of birth of any alibi witness
C. Reference to unused material
D. A complete timeline of the defendant’s day
B – Name, address, and date of birth of any alibi witness
Explanation: If D relies on an alibi, the defence statement must provide full identifying details of the witness, or enough to locate them.
Within how many days must a defence statement be served in the Crown Court after initial disclosure?
A. 14 days
B. 10 business days
C. 21 days
D. 28 days
D – 28 days
Explanation: The time limit for serving a defence statement in the Crown Court is 28 days from the prosecution’s initial disclosure.
What is the consequence of failing to serve a defence statement in the Crown Court?
A. The court may exclude defence evidence
B. The defendant will be barred from cross-examining
C. The jury may draw adverse inferences
D. The prosecution must stop the case
C – The jury may draw adverse inferences
Explanation: Under s.11 CPIA, the jury may draw adverse inferences if a defence statement is not served or is inconsistent with the defence at trial.
D is on trial in the Crown Court and wants to call a friend as a witness. What must he do?
A. Serve a Notice of Intention to Call Defence Witnesses
B. Add the witness to the prosecution’s case summary
C. Raise the issue orally at trial
D. Submit a skeleton argument
A – Serve a Notice of Intention to Call Defence Witnesses
Explanation: D must notify the court and prosecution in writing if he plans to call any defence witness (other than himself).
In the magistrates’ court, D serves a defence statement out of time. What can the prosecution do?
A. Refuse to continue with the case
B. Comment on the delay and request an adverse inference
C. Ask the judge to withdraw the defence
D. Exclude all defence evidence
B – Comment on the delay and request an adverse inference
Explanation: If D chooses to serve a defence statement in the magistrates’ court, adverse inferences may be drawn if it is late or inconsistent.
D pleads not guilty in the Crown Court and applies for specific disclosure but has not served a defence statement. What is the outcome?
A. The court orders limited disclosure
B. The CPS must disclose regardless
C. The application is refused
D. The trial is delayed
C – The application is refused
Explanation: Under s.8 CPIA, a defence statement is required to trigger the right to apply for specific disclosure.
A defendant in the magistrates’ court wants to rely on an alibi. What must he do?
A. Wait until trial to raise it
B. Serve the details only on the court
C. Do nothing unless asked
D. Include the alibi in a defence statement
D – Include the alibi in a defence statement
Explanation: Even though it’s not compulsory in the magistrates’ court, if D relies on an alibi, it must be properly disclosed.
D serves a vague defence statement saying only “he denies the charge.” What is the likely consequence?
A. The prosecution may challenge it as inadequate and seek court directions
B. The case must be withdrawn
C. The judge will bar the defence
D. The defence will be granted more time automatically
A – The prosecution may challenge it as inadequate and seek court directions
Explanation: Vague statements do not comply with s.6A CPIA. The prosecution can challenge them and ask for directions to require proper content.
The defence fails to name an alibi witness in the defence statement but calls them at trial. What may happen?
A. The witness’s evidence must be excluded
B. The prosecution must withdraw the case
C. The jury may be directed to draw an adverse inference
D. The judge must dismiss the case
C – The jury may be directed to draw an adverse inference
Explanation: The court cannot bar the witness, but under s.11 CPIA, an adverse inference may be drawn if the witness wasn’t disclosed in time.
D serves a defence statement challenging identification. The prosecution ignores this and discloses nothing. What’s the issue?
A. Procedural default by the defence
B. Judicial misconduct
C. Failure to comply with the continuing duty of disclosure
D. No issue unless defence raises it at trial
C – Failure to comply with the continuing duty of disclosure
Explanation: The prosecution must reconsider disclosure in light of the defence statement. This is the continuing duty under CPIA.
A defendant fails to give proper notice of a defence witness but calls them at trial. Can the prosecution comment?
A. Only with the court’s permission
B. Yes, and no permission is needed
C. No, the witness was still called
D. Only if it’s an expert witness
B – Yes, and no permission is needed
Explanation: Under s.11 CPIA, the prosecution or co-defendant can comment without leave if D fails to properly disclose a defence witness.
