Disclosure of Evidence Flashcards
What are the aims of the Criminal and Investigations Act 1996 (The Disclosure Rules)?
How is this achieved?
- Make sure the defendant gets a fair trial.
- That the trial process is sped up and dealt with expeditiously.
This is done through an initial and continuing duty to disclose until the case is concluded. The prosecution must right from the start of the investigation, consider any material that might:
- Serve to undermine the prosecution case.
- Assist the defence.
What is a ‘Criminal Investigation’ defined as?
An investigation in which police officers or other persons have a duty to conduct with a view to it being ascertained-
(a) Whether a person should be charged with an offence, or
(b) Whether a person charged with an offence if guilty of it.
What do you understand by the term ‘relevant material’?
‘Relevant material’ is information that may have a bearing on the case. This is not meaning freedom to include absolutely everything.
It can be relevant to both the defence and prosecution, whether it weakens or strengthens the other side.
It is difficult to know whether something will be relevant material, which is why it is important to continually record and review things as you go along.
What is the role of the disclosure officer?
- Must examine and review all of the relevant material retained by the investigator that does not form part of the prosecution case.
- Identify all material that should be on the MG6E
- Discuss with the prosecutor as to what material ahs been documented.
- Create schedules that document the unused material.
- Continually review the material and update the schedules supplied.
- Where the prosecutor directs, allow the accused to examine a copy of the material or to view it.
What are some examples of material that could undermine the prosecution?
- A fingerprint found at a scene that is unidentified.
- A crime reported a couple of years before where the witness had lied.
- Failure to disclose that another person was arrested for the crime weeks before the defendant was.
- Having an excellent witness but they have a number of convictions for dishonesty.
Third-party material when people refuse to release it…
Pre-charge?
Post-charge?
Pre-charge it may be that the investigator should make an application to obtain that material.
After charge then an application for a witness summons to be made.
What is the length of time that material is required to be retained?
All material which MAY be relevant to the investigation MUST be retained until the decision is made whether to begin proceedings.
Once begun, the material must be retained until the accused is acquitted, convicted or the case is dropped.
If convicted, the material must be retained until:
- The person is released from custody or hospital.
- In all other cases it should be 6 months from conviction.
What is ‘sensitive material’?
Material that is not in the public interest to close, something the matter for the court.
An application can be made to without material, however, this cannot be material that undermines the prosecution or supports the defence case.
The disclosure officer believes disclosing this would give rise to a real risk of serious prejudice to an important public interest.
After initial disclosure, the defence must provide a defence case statement within what time?
- For Summary proceedings?
- For Indictable proceedings?
- 14 days
- 28 days
An extension can be granted by the court.
Question: PC Jones is going through their investigation for a simple assault case. She picks up a custody record and also a photocopy of it she made at the time. She comes to you as the Sergeant and asks whether she should retain both the custody record and the photocopy she made.
What do you tell her?
- The retention of the custody record is required, the photocopy (as long as it has not be altered) is auxiliary and not required.
Process at Courts
- If an accused is charged with a summary offence/ either way offence that is likely to remain in the magistrate’s court AND he is considered likely to plead guilty then…
- If the accused pleads not guilty at the first hearing then…
- A schedule or streamlined disclosure certificate is NOT required.
- The disclosure officer must ensure that the streamlined disclosure certificate is prepared and submitted as soon as is reasonably practicable after that happens.
The Common Law duty to disclose material which may assist the defence at bail hearings or in early preparation of their case remains means what?
Irrespective of the anticipated plea, if there is material known to the disclosure officer that might assist the defence with the early preparation of their case or a bail hearing.
What is some example of sensitive material?
- Material given in confidence.
- Material revealing the location of any premises used for police surveillance.
- Material whose disclosure might facilitate the commission of other offence.
In exceptional circumstances, the material is SO sensitive its revelation to the prosecutor by means of an entry on the sensitive schedule is inappropriate.
What must be done instead?
What does this apply to?
Instead, the existence of the material must be revealed to the prosecutor separately.
This will apply only where compromising the material would likely lead directly to the loss of life or directly threaten national security.
How must the disclosure officer disclose material to the accused?
By giving him a copy or by allowing him to inspect it, unless not practicable (unable to copy it/ volume too great).
