Disclosure of Evidence Flashcards
What will happen if the defence fails to comply with the disclosure
The court may lead the court to draw inferences.
If the prosecution fail to comply with disclosure what is the consequence
The defence do not have to provide a defence statement
The court may also stay proceedings
When the case is to be tried at Magistrates Court when do the prosecution have to provide initial details
As soon as practicable however no later than the beginning of the day of the first hearing.
What is required to be presented to the Magistrates court before the first hearing in a remand case
Think basic MG5 - Circumstances of the offence and pre cons
What is required to be presented to the Magistrates Court before the first hearing in a non remand case
Think full file MG5 - Circumstances of the offence, account in interview, statements, exhibits, pre cons and a VPS
What does article 6 right to fair trial state about disclosure of facts for a crown court offence
That this must happen as soon as possible
Is a witness required to make a FULL statement even if it holds incriminating evidence
Yes - The witness is required to make a full statement or be abandoned as a witness.
What is sensitive material
Material which the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest.
How long must relevant material be retained if the person is convicted (custodial)
At least until a convicted person is released from custody (where he is given a custodial sentence)
How long must relevant material be retained if the person is convicted (non custodial)
6 months after the date of conviction
If an appeal process is launched how long must the relevant material be held
If the appeal is launched before the release of a custodila sentence or within the 6 months of a non custodial sentence then all relevent material must be held until the appeal process has finsihed.
In a surveillance case would it be neccesary to disclose a surveillance point of techniques
No - But it may be necessary to retain the information
Is a Schedule or a Streamlined Disclosure Notice required for a guilty plea at magistrates court
No
Is a schedule or a streamlined disclosure notice required for an antipated guilty plea where the defendant has changed the plea and gone not guilty
Yes
Even though a schedule or streamlined disclsoure notice is not required for a guilty plea at the magistrates court, is there a requirement to conform to common law disclosure in relation to bail hearings
Yes
