Discloure of Evidence Flashcards
Criminal Justice Act 2003 Amendments
Criminal Procedure & Investigations Act 1996
if
Def fail to disc. to pros = court/jury draw inferences as appear proper on guilt/innocence of accused.
Pros fail to disc to def = def d/not have to disclose therefore court c/not make inferences AND court CAN stay proceedings on grounds of abuse of process (Breach art. 6)
Where there has been non-disc around time of plea (initial disc) def pleads NG same as one who pleads guilty
Nothing which might assist def should be withheld
Initial disc - If RIC = summary cics of offence and pre cons.
(not later that 1st court date)
if NOT RIC = summary offence
def account
soe material to plea/mode trial/sentence
Pre cons
VPS
Disclosure provisions apply to all criminal cases but not where def pleads guilty @mags
Sensitive material - Disc officer believes not in publics interest interest to disclose (Can only disclose after consultation with CPS and ACC - If court decides)
R V Johnson - obs points
Sgt visit to premises b4 obs
(Chief ?) Insp visit b4 trial
Both to obt view of occupants/difficulties if details disc.
Evidence given at court in absence of jury re difficulties if details disc
Details for earliest Disc = Pre cons IP if assists DP bail
Material abuse process
Material which can red charge
witness not being used
DISC by DEF =- Crown = compulsory, VOL @ Mags
Made after initalial disc. Only material intend to use @trial.
D/not need to dsic alibi witness details to co-acc but can do voluntarily
Supply Name, add, DOB of defence witnesses
Must supple defence SOE to co-acc
One defence SOE provide, prosecution supply:-
Material assist defence (Q fact for court o/w case can fail)
Material not already disc.
Voluntary disc@ mags but MUST supply witness details.
Defence SOE (after init disc) w/in 14 days summary / 28 days Crown
Even if DEF soe served O/S time limits, pros must review need for further disc.
Continual duty to disclose anything undermines/assists
