Part 15: Criminal Disclosure

Question 1

Key responsibilities

The Disclosure Manager must:

Answer 1

• ensure all relevant and disclosable material is provided to defence counsel
• ensure all relevant and non-disclosable material is identified, listed and defence advised
• continually ensure that non-discoverable material is identified and not disclosed
• continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld

Question 2

Defence counsel relationships

Of note only

Answer 2

All communication with defence counsel should be conducted through the 2IC, or Crown solicitor, where engaged.

Question 3

Format of disclosure material

Supplied in what form

Of note only

Answer 3

Section 10(4) of the Act provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant.

Consideration must be given to whether a defendant has ‘ready’ access to a computer with which to access electronic disclosure documents, particularly if remanded in prison.

Question 4

Crown disclosure

Of note only

Answer 4

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate.

This material should remain under the control of the File Manager while it is being reviewed.