Part 15 - Criminal Disclosure Flashcards
What is the purpose of the Criminal Disclosure Act 2008?
Answer:
Creates a legal obligation for the prosecutor to disclose relevant material to the defense.
Promotes a fair, effective and efficient disclosure of relevant information between the prosecution and the defense.
C. L. O. T - creates legal obligation to
D. R. Disclose relevant
M. D. material to defence
F. E. E. D. - fair, effective, efficient disclosure
What 5 principles should guide the disclosure manager?
Answer:
1. All relevant MATERIAL contained in the investigation file
is discoverable unless withholding or deletion of the
material is justified under section 16, 17, 18 of the Act
- No OBLIGATION for acquiring material, for purposes of
satisfying disclosure, that is not already in Police
possession or control or that is not held and
recorded form refer to section 15 - Disclosure is an ongoing process and the reasons
for with holding a document should be continually
REASSESSED - The disclosure process must be AUDITABLE
accountable and record disclosure decisions that are
made in relation to a particular document - EFFECTIVE file management systems are critical to the
success of the disclosure process
M. O. R. A. E.
What must a disclosure manager do in consultation on the 2IC in relation to the amount of material disclosed and ensure timeframes are complied with?
Answer:
Disclosure manager must liaise with 2IC Crown solicitor and Police Prosecution Service to make an application in order to set out a timetable for disclosure pursuant to section 32 of the Criminal Disclosure Act 2008
What are the 3 initial actions of the disclosure manager?
Answer:
Read the disclosure managers desk file
Access of current serious crime template on the local district shared drive
Report to the 2IC to receive a briefing tasking to determine what information is and is not discoverable
What are the 7 key responsibilities of the disclosure manager?
Answer:
All relevant and discoverable material is PROVIDED to the defense counsel
Ensure that ongoing LAWFUL justification to withhold exists for each document that is withheld
ASSESS the risk to ensure that non-discoverable material is identified and not disclosed
Ensure robust auditable SYSTEMS to record disclosure decisions and actions available
Manage disclosure TIME FRAMES
All relevant and non-discoverable material is IDENTIFIED listed and defense advised
Retain and file all CORRESPONDENCE with Defence counsel
P. L. A. S. T. I. C
When new counsel is reassigned what is the responsibility of the police disclosure manager?
Answer:
Police have an obligation with legal counsel has been replaced to make sure the new counsel is provided with all the material previously disclosed
What format must the disclosure be provided to the defense counsel in?
Answer:
May be supplied in whatever form, including electronically, the person disclosing the information holds it in at the time of the request.
Be mindful that the defendant may not have access to a computer e.g. defendant in prison
What is the purpose of a disclosure index?
Answer:
It provides a list of all material disclosed and withheld on the index and is the basis of the disclosure regime is it records the decisions made concerning the disclosure or withholding of every document that is comprised on the file
What do sections 12 (2)(k) and 13 (2)(b) of the Criminal Disclosure Act 2008 refer to for disclosure?
Answer:
Section 12 refers to initial disclosure and relates to the list of information that the prosecutor refuses under sections 15, 16, 17 or 18 to disclose to the defendant and the reason for the refusal and the grounds in support of that reason
Section 13 refers to full disclosure relating to as per above withholding of information under sections 15, 16, 17 and 18.
What is the general principle when there are two or more defendants regarding the disclosure index?
Answer:
Each defendant should be provided with a single disclosure index preferably used for all defendants.
Where it is important to withhold information from some of those charged a separate disclosure index may be maintained for each defendant
What are the number series that and investigation documents must be categorized into?
Answer:
10000 or 50000 series
Explain the relevance of the 10000 document number series
Answer:
The 10000 document number series Are those documents where no justification for withholding them exists in accordance with section 16, 17, or 18 of the act
Examples of 10,000 series may include Convictions of prosecution witnesses relevant to credibility Expert Evidence Formal statements Job sheets Notebook Entries Summary of Facts Visually Recorded Interview
Explain the relevance of the 50000 document number series
Hint:
C. O. W. S. - P. A. N. I. C
The 50,000 document number series of those documents that may be withheld pursuant to section’s 16, 17 or 18 of the act
Examples of the 50,000 series may include CHIS information/material OPERATIONAL orders WARRANT applications SCHEDULES
POLICE internal reports ALIBI inquiry material NOTES from conferences INVESTIGATIVE technique notes COMMERCIALLY sensitive material
Other discoverable material which has not been assigned a document number must still be accounted for within the disclose index. What may be included in this documents?
Hint:
P. C. - D. A. D
Answer: PHOTOGRAPHS CHAIN of custody DVD, CD and CCTV materials AREA Canvass documents DOCUMENTARY Exhibits
P. C. D. A. D.
In relation to withholding grounds what are the steps in the grounds for withholding information?
Answer:
Investigative techniques - withholding grounds s16(1)(a)
Analytical and evaluative material - withholding grounds s16(1)(c)(iii)
Operation orders, briefing, conference material - withholding grounds s8
Not relevant to this matter - s8
