Disclosure Management Flashcards
What is the governing principle?
Relevance. All relevant material is discoverable unless justified to withhold it.
What must the Disclosure Manager do
- provide all relevant and discoverable disclosure to the defence
- identify relevant but non-discoverable material
- continually reasses the risk to ensure that non-discoverable material is identified.
- continually review to ensure lawful justification to withhold exists
- a robust auditable system to record disclosure decisions and actions
- manage disclosure timeframes
- retain and file correspondence with 50000
- create a Nia record for disclosure against the charge
Examples of 10000 series documents include:
- FWS
- video transcripts
- QHA’s
- Summaries
- Notebook enteries
Examples of 50000 series documents include:
- Search Warrant applications
- CHIS IRs
- Analytical material
What is the caselaw relating to non disclosure of alibi witness enquiries
R v Shaqlane
Police are not obliged to provide disclosure regarding alibi enquiries.
What are your obligations under section 10(4)
Disclosure can be provided in a hard copy, electronic format, or in person. The information need only be disclosed in the format it is held.
File management responsibilities
Setting up the investigation headquarters
- location
- office support staff
- transport
- equipment
- communications
- ICT requirements