Disclosure of Defence Statements and Unused Material

Question 1

P must disclose to D…

Answer 1

all witness statements on which he relies, and anything that could reasonably be considered capable of undermining the P case.

Question 2

P must disclose all unused material that…

Answer 2

Tends to show a fact inconsistent with the elements of the case that P must prove.

Question 3

The test for using public interest immunity

Answer 3

1. Is there a real risk of serious prejudice to an important public interest if full disclosure is ordered
2. Can D’s interest be protected without disclosure or with partial disclosure
3. Is this the minimum necessary to protect the public interest
4. Will this render the whole trial unfair.

Question 4

A witness summons against a Third Party will be granted if…

Answer 4

The TP is likely to be able to give material evidence, and the TP will not voluntarily attend/produce evidence.

Question 5

A Defence Statement should set out:

Answer 5

1. The nature of the Defence,
2. Any points of law,
3. For each issue, why D takes issue with P.
4. Names and addresses of witnesses
5. Names and addresses of alibi
6. Names of experts instructed.

Question 6

Failure to Provide a DS or departure fromt eh DS at trial means

Answer 6

Adverse inference may be drawn.

Question 7

To mention points of law not in the DS you need

Answer 7

Permission from the court.

Question 8

If D has reasonable grounds to believe P still has relevant material, D can apply to force disclosure outlining…

Answer 8

1. The material sought,
2. Why D thinks P has it,
3. Why it is necessary
4. Why a hearing is needed.

Question 9

The three ways P can utilise public interest immunity

Answer 9

1. Notice with grounds - D can oppose.
2. Notice without grounds - D can oppose on procedure
3. No notice - ex parte.

Question 10

P’s duty of disclosure extends to pursuing

Answer 10

All reasonable lines of enquiry.