Disclosure of unused material and defence statements

Question 1

What are the stages of disclosure?

Answer 1

1. ) Obliges investigating officers to record and retain all information relevant to the investigation
2. ) Material which is relevant to the investigation but not expected to form part of P case should be presented to the prosecutor by the police
3. ) Prosecutor must apply test to that material and disclose any material meeting that test
4. ) D have a duty to inform P of the case they intend to present at trial
5. ) P are under a duty throughout proceedings to disclose material that meets the test
6. ) Following service of the defence statement an accused may make an application for further disclosure

Question 2

Key roles:

Answer 2

Investigator: any PO involved in conduct of criminal investigation

Disclosure Officer: PO responsible for reviewing material retained by police during the investigation and revealing material to P

Officer in charge of the investigation: PO responsible for directing the criminal investigation

Question 3

s.3(1) CPIA 1996:

Answer 3

Must disclose material to accused if it ‘might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused’

Question 4

Crown court cases:

Answer 4

D must serve defence statements outlining nature of accused defence, matters of fact that D takes issue with, any points of law and authorities that D intends to rely on

Question 5

Notification of intent to call witnesses;

Answer 5

Separate from the defence statement:
MC- must be given within 4 days of P disclosure
CC - 28 days from P disclosure

Question 6

Defence Statements:

Answer 6

Must be served in CC - must be served 28 days from P disclosure
Optional in MC, if not given - cannot make an application for specific disclosure - must be served 14 days from P disclosure

Question 7

Third party disclosure:

Answer 7

P is under a duty to obtain material in the hands of third parties which may be relevant to P case

Method: issuing a witness summons for the production of documents