Pre-trial considerations

Question 1

What is used material?

Answer 1

This is the material the prosecution will rely upon at trial to prove its case against a defendant

Question 2

What is unused material?

Answer 2

This is the material that the prosecution is not intending to use

Question 3

When/what is the duty of disclosure?

Answer 3

The prosecutors initial duty of disclosure (Criminal procedure and investigations act (CPIA) 1996 s3:
The prosecutor must:
a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, or
b) give to the accused a written statement that there is no material of a description mentioned in paragraph (a)

Question 4

What are the time limits for the service of the defence statement?

Answer 4

Crown Court- Compulsory and must be served on the prosecution and the court within 28 days of the date when the prosecution complies with its duty of initial disclosure. It can be extended, but only with an application and if the court is satisfied it would not be reasonable for the defendant to give a defence statement within 28 days.

Magistrates Court- not compulsory, must be done within 14 days of the prosecution complying with their duty of disclosure.
If no defence statement served, the defence cannot make an application for specific disclosure down the line.

Question 5

What are the four stages of disclosure?

Answer 5

1) the investigation stage- the duty to record and retain material during the investigation

2) the initial duty of disclosure on the prosecution

3) defence disclosure

4) the continuing duty on the prosecution to keep disclosure under review

Question 6

What are three special applications that can be made in relation to disclosure?

Answer 6

1) Third-Party disclosure

2) Applications for specific disclosure (section 8 application)

3) Public interest immunity

Question 7

What are some ramifications of not following the duty of disclosure

Answer 7

1) evidence being thrown out

2) stay of proceedings

3) conviction being quashed