Disclosure – Prosecution Flashcards
What is the legal test for prosecution disclosure under s.3 CPIA 1996?
A. Material that helps cross-examination
B. Material that the defendant has requested
C. Material the court orders to be disclosed
D. Material that undermines the prosecution or assists the defence
D – Material that undermines the prosecution or assists the defence
Explanation: The s.3 CPIA test is objective. If material might reasonably help the defence or harm the prosecution, it must be disclosed.
When does the initial prosecution duty of disclosure arise in the magistrates’ court?
A. When the investigation begins
B. When the defendant pleads guilty
C. When the defendant pleads not guilty and the case is adjourned for trial
D. When the prosecution serves used material
C – When the defendant pleads not guilty and the case is adjourned for trial
Explanation: In magistrates’ court, initial disclosure arises only when D pleads not guilty and the case is listed for trial.
What is the MG6C form used for?
A. Recording a witness’s first account
B. Listing unused material in Crown Court cases
C. Notifying the defence of trial dates
D. Listing the evidence the prosecution intends to rely upon
B – Listing unused material in Crown Court cases
Explanation: The MG6C schedule is completed by the disclosure officer and lists unused material in Crown Court cases.
Which of the following is an example of used material?
A. A prior conviction of a prosecution witness
B. A disciplinary finding against a police officer
C. A defendant’s interview under caution
D. A draft of a witness statement
C – A defendant’s interview under caution
Explanation: Used material includes anything the prosecution relies on, such as interviews, final witness statements and exhibits.
A police officer finds a handwritten witness statement that contradicts other accounts. What should happen?
A. Disclose it only if the prosecution uses the witness
B. Destroy it as inconsistent
C. Ignore it if not typed
D. Retain and disclose it if it undermines the case
D – Retain and disclose it if it undermines the case
Explanation: Any material undermining the prosecution case must be retained and disclosed, even if it contradicts other accounts.
A disclosure officer is unsure if material should be disclosed. What should they do?
A. Ask the defence
B. Automatically disclose everything
C. Ask the court
D. Seek advice from the prosecutor
D – Seek advice from the prosecutor
Explanation: Where there’s doubt about disclosability, the disclosure officer must consult the prosecutor, not guess or withhold.
The prosecutor finds three pieces of unused material, each neutral on their own, but helpful together. What must they do?
A. Disclose the items
B. Disclose only one
C. Withhold them all as neutral
D. Wait for a defence request
A – Disclose the items
Explanation: Even if individual items are neutral, if they collectively support the defence, they must be disclosed.
In a Crown Court case, when should the prosecution serve initial disclosure?
A. When requested by the defence
B. Only after trial begins
C. As soon as reasonably practicable
D. Within 14 days of charging
C – As soon as reasonably practicable
Explanation: s.13 CPIA says the prosecution must disclose as soon as is reasonably practicable. No statutory time limit has yet been made.
A case involves 50,000 digital files. What is the correct disclosure approach?
A. Serve all the files on the defence
B. Use a Disclosure Management Document and agree a review strategy
C. Only review what the defence asks for
D. Disclose nothing unless it is used at trial
B – Use a Disclosure Management Document and agree a review strategy
Explanation: In complex cases, prosecution should adopt a disclosure strategy, engage the defence and use a DMD (R v R [2016]).
A conviction is being appealed months later. What must happen with retained material?
A. It must be re-reviewed and retained
B. It may be destroyed after six months
C. It must be sent to the Court of Appeal
D. It must be stored indefinitely
A – It must be re-reviewed and retained
Explanation: Material must be retained during an appeal. If anything casts doubt on the conviction, it must be considered for disclosure.
A defendant pleads guilty. Does the prosecution still need to consider unused material?
A. No, disclosure is now irrelevant
B. Only if defence requests it
C. Only if there’s an appeal
D. Yes, especially if it affects sentencing
D – Yes, especially if it affects sentencing
Explanation: Even after a guilty plea, unused material may impact mitigation or sentence. The duty does not automatically end.
A prior conviction of a prosecution witness comes to light but does not help the defence or undermine the prosecution. What should the prosecution do?
A. Disclose it anyway
B. Include it in the used evidence
C. Retain but not disclose it
D. Let the witness disclose it in court
C – Retain but not disclose it
Explanation: Material that is neutral (neither helps defence nor undermines the case) does not meet the s.3 disclosure test, but must still be retained.
