Prosecution Disclosure

Question 1

What is used material?

Answer 1

Material P will rely upon at trial, forming part of the evidence in the case.

Question 2

What is unused material?

Answer 2

Material not relied upon by P.

Question 3

What is meant by full and proper disclosure?

Answer 3

The duty to disclose unused material and the duty to retain material during a criminal investigation.

Question 4

What are the 4 stages of disclosure?

Answer 4

1. Investigation stage (duty to record and retain material during such)
2. Initial disclosure duty on P
3. Defence disclosure
4. Continuing duty on P to keep disclosure on review

Question 5

What 3 roles will every investigation have to help with the duty to retain and record relevant material?

Answer 5

1. Officer in charge of investigation (ensures procedure is in place)
2. Investigator
3. Disclosure officer
   (responsible for examining material retained, and revealing to P & D)

Question 6

In complex cases, what roles will be assigned to
a) Investigator and
b) Disclosure officers ?

Answer 6

a) Be fair and objective, following all reasonable lines of enquiry, whether leading to suspect or not

b) Inspect all retained, relevant material and provide a personal declaration such has been done

Question 7

What are examples of material potentially relevant to a criminal investigation, and thus must be retained?

Answer 7

• Crime reports
• Records of tapes, phone calls (e.g. 999) describing offender
• Witness statements
• Exhibits
• Interview records
• Expert reports (and communication with expert)
• Material relating to reliability of witnesses
• Any accused explanation

Question 8

Once proceedings are commenced, when must all materials be retained until?

Answer 8

Conviction, acquittal or P decides not continue with the case

Question 9

Where D is convicted, when must the material be retained at least until?

Answer 9

D is released from custody.
If no custodial sentence, 6 months from conviction date.

Question 10

Where an appeal is in progress, when must all relevant material be retained until?

Answer 10

Appeal is concluded.

Question 11

What is the procedure in the Disclosure Code of Practice for P to be notified by the disclosure officer of unused material?

Answer 11

In the CC - disclosure officer prepares a schedule (MG6C) which lists the items.

In the Mags - listed on a streamlined disclosure certificate.

Question 12

What must disclosure officers certify in relation to full and proper disclosure?

Answer 12

To the best of their knowledge, they have complied with their duties to ensure all material is listed and brought to P attention.

Question 13

What is P initial duty of disclosure

Answer 13

CPIA s.3

Question 14

What is ‘prosecution material’ regarding the test for disclosure?

Answer 14

Question 15

What other considerations are in deciding whether to disclose (s.3) ?

Answer 15

Question 16

Should materials be considered in isolation re the test for disclosure (s.3)?

Answer 16

No, materials together may undermine P case.
P must account of all circumstances.

Question 17

What must P do during course of long and complex cases, where there are large volumes of material?

Answer 17

1. Considered, structured approach. Disclosure Management Document
2. Encourage dialogue and engage D promptly.
3. Form strategy, transparent with D & court.
4. Robust case management.
5. Be flexible.

Question 18

When will P serve ‘initial details’ of P case? &
What does ‘initial details’ entail?

Answer 18

No later than the beginning of the day of the first hearing.
The details must have sufficient info to inform D & court on:
• plea
• venue
• case management
• sentencing (inc. committal)

Question 19

What is the time limit for disclosure of unused material?

Answer 19

Question 20

Summary trial

Answer 20

Question 21

Crown Court trial

Answer 21