L17 - Disclosure 2 Flashcards
What does PII stand for?
Public Interest Immunity (PII)
What is PII?
PII is a rule that allows documents which are otherwise disclosable to remain undisclosed where a) their disclosure would damage the public interest and the need to avoid that damage OUTWEIGHS the accused’s right to have all relevant information available for his or her defence. In other words, PII is a ground to withhold relevant material.
List categories of potential PII
Information provided on a confidential basis, identification of an undercover operative, participant in a controlled operation, Identity or whereabouts likely to place the witness in danger, Hamper on-going investigation, Sensitive Police methodology.
Issues of national security, information supplied by another agency on the basis of non-disclosure, jeopardise internal police investigation, potential damage to government relations, potential impairment to proper functioning government
Information has been provided to you by another agency on the basis of non-disclosure, but it is relevant material to a matter you are prosecuting. What do you do?
Contact the agency, to get their consent to provide the information, or get them to make their own PII claim.
Once PII is identified, what must the Informant and Prosecutor do?
Contact the Disclosure Support Unit, and they will determine whether to refer the matter to VGSO for representation in PII claim in court.
What is a letter of assistance vs letter of comfort?
Letter of assistance is used by a person (mostly human source) to obtain a sentencing discount in relation to their own criminal offending. Letter of assistance is based on provision of info to policing authorities that is effective in assisting in the detection and prosecution of offending.
Letter of comfort: The DPP may provide indemnity against prosecution in certain circumstances.
