Part 15 - Disclosure Flashcards
What are the 3 initial actions of the disclosure manager?
Read the disclosure manager desk file
Access the current serious crime template downloaded to the local district shared drive, for use during the investigation
Report to the 2ic to receive briefing, tasking, establishing what information is and is not discoverable, and ongoing supervision
What are some key responsibilities of the disclosure manager?
Ensure all relevant and discoverable material is provided to defence counsel
Ensure all relevant and non discoverable material is ID, listed and defence advised
Continually assess the risk to ensure that non discoverable material is ID and not disclosed
What are the police obligations when counsel is reassigned
Ensure the replacement counsel is provided with all material previously disclosed. This may be achieved by obtaining confirmation in writing from the replacement counsel that they have received all material previously disclosed from the outgoing counsel or by providing the replacement counsel with a fresh copy
What does section 10(4) of the act say about mode of disclosure
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.
What should the crown receive in regards to disclosure
The crown should be provided with an identical copy of all material that is disclosed to defence counsel. The crown should also review an in-edited copy of the material, where appropriate. This material should remain under the control of the file manager while it is being reviewed.
- Who is responsible for managing disclosure decisions?
The 2IC. They may also consult with PPS, Legal Services or Crown Prosecution for further advice.
