Part 15 - Criminal Disclosure

Question 1

What are the initial actions of the disclosure manager?

Answer 1

• read the Disclosure Managers desk file
• access the current Serious Crime Template for use during the investigation
• report to the 2IC for briefings, tasking’s, establishing what information is and is not discoverable, and ongoing supervision

Question 2

Key responsibilities of the Disclosure Manager

Must know

Answer 2

• ensure all relevant and discoverable material is provided to defence counsel
• ensure all relevant and non-discoverable material is identified, listed and defence is advised but not disclosed
• ensure that ongoing lawful justification exists to withhold documents
• manage disclosure timeframes within the provisions of the Act, or as directed by the Courts
• retain all correspondence with defence counsel
• record all disclosure packages and delivery in NIA

Question 3

Obligations when counsel is reassigned
(not important)

Answer 3

Police have an obligation to ensure any replacement counsel is provided with all material previously disclosed.

Either by ensuring they have received all material from the previous counsel, or by providing them with a fresh copy

Question 4

Format of disclosure material

Sec 10(4) Disclosure Act Obligations

Must know

Answer 4

The formats used to disclose documents are:
- hard copy
- electronic disclosure
- or a combination of both

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

Question 5

The File Manager must liaise closely with the 2IC to establish the requirements for setting up the Investigation Headquarters, including:

Answer 5

• location
• office support staff
• transport
• equipment
• communications
• ICT requirements.

Question 6

How should defence counsel be communicated with?

Answer 6

Through the 2IC or Crown Solicitor

Question 7

What information should the disclosure manager provide to the crown solicitor?

Answer 7

• an identical copy of all material disclosed to defence counsel
• an unedited copy of the material

Question 8

Types of conferences

Answer 8

• initial
• regular
• debriefing
• phase team (only for OC phase and staff)