Prosecution disclosure Flashcards
What are the two types of material in a trial?
Used and unused material
Used material is relied upon at trial, while unused material is not.
Why is unused material important?
It may help a defendant and ensures fairness in the trial process
The prosecution may possess evidence that undermines their case which must be disclosed.
What are the four stages of disclosure?
- Investigation stage
- Initial duty of disclosure on P
- Defence disclosure
- Continuing duty of disclosure on P
What is the duty of disclosure during the investigation stage?
To record and retain material
This includes retaining relevant information provided by an accused person.
Who is responsible for directing the investigation?
Officer in charge of the investigation
This person ensures proper procedures are in place.
What role does a disclosure officer play?
Examines material retained and reveals it to the prosecutor and defense at the prosecutor’s request
How long does the duty to retain material last?
Until acquittal or if convicted, until eventual release from custody/6 months after convicition if not imprisoned
What is an MG6C schedule?
A list of unused material prepared by the disclosure officer in Crown Court cases
It individually lists items of unused material.
What is required in magistrates’ court cases when a Not Guilty plea is anticipated?
Unused material is listed on a streamlined disclosure certificate
This facilitates the disclosure process.
What is the initial duty of disclosure on the P?
The prosecutor must disclose to the accused any prosecution material that might undermine the case for the prosecution or assist the defense
Alternatively, provide a written statement indicating no such material exists.
What considerations must a prosecutor make regarding material?
- Use of material in cross-examination
- Could it support an application for exclusion of evidence
- Capacity to suggest an exxplanations of accused’s actions
- Capacity of the material to have a bearing on scientific/medical evidence
When must the prosecution serve initial details of the prosecution case?
No later than the beginning of the first hearing
What must the initial details of the prosecution case include?
Sufficient information for the defendant and court regarding plea, trial venue, case management, and sentencing
When does the statutory duty of disclosure of unused material arise in the magistrates’ court?
It arises only when a defendant pleads not guilty and the case is adjourned for summary trial.
When does the statutory duty of disclosure of unused material arise in the Crown Court?
It arises when a defendant is sent for trial or where a Voluntary Bill of Indictment has been preferred against a defendant (s.1 CPIA).
What does the common law duty of disclosure require from a prosecutor?
A prosecutor should disclose material which should be disclosed at an early stage in the interests of justice and fairness.
What happens at the first hearing in the magistrates’ court if a defendant pleads not guilty and the case is adjourned for summary trial??
The court will give a date by which any further prosecution evidence must be served and a date for completing initial disclosure if not complied with.
Prosecutors should serve initial disclosure in sufficient time to ensure that the trial date is effective.
What should the prosecution do in advance of or at the PTPH in a Crown Court trial?
The prosecution should serve sufficient evidence to enable effective case management without the need for a further hearing, unless in exceptional categories.
What happens at the PTPH if there is more prosecution evidence to serve?
Dates will be given by when this must be done if initial disclosure has not been complied with.
What is the prosecution’s duty regarding disclosure throughout criminal proceedings?
The prosecution is under a continuing duty to review disclosure throughout the criminal proceedings.
