Serious Crime Module - Criminal Disclosure

Question 1

What five principles are Disclosure Managers guided by?

Answer 1

1. All relevant material is discoverable
2. There is no obligation to acquire material that is not already in police possession just to satisfy disclosure obligations
3. Disclosure is an on-going process and the material should be provided when it’s available
4. The disclosure process must be auditable, accountable and record disclosure decisions that are made in relation to a particular document
5. Effective file management systems are critical to the success of the disclosure process

Question 2

What are the key responsibilities of the Disclosure Manager?

Answer 2

• Ensure all relevant and discoverable material is provided to defence counsel
• Ensure all relevant and non-discoverable material is identified, listed and defence advised
• Continually assess the risk to ensure that non-discoverable material is identified and not disclosed
• Continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld
• Ensure that robust auditable systems are employed to record disclosure decisions and actions
• Manage disclosure timeframes within the provisions of the Act
• Retain and file all correspondence with defence counsel in the 50000 series document category
• Create a record in NIA of the fact of disclosure against the charge

Question 3

What are 10000 series documents?

Answer 3

Those documents where no justification for withholding them exists, in accordance with sections 16, 17 or 18 of the Act.

Question 4

What are some examples of 10000 series documents?

Answer 4

• Formal Statements
• Visually Recorded Interview (VRI) transcripts
• Convictions of prosecution witnesses relevant to credibility
• Summaries of facts
• Notebook entries
• Job Sheets
• Specialist reports
• Expert evidence

Question 5

What are 50000 series documents?

Answer 5

Those documents that may be withheld pursuant to sections 16, 17 or 18 of the Act.

Question 6

What are some examples of 50000 series documents?

Answer 6

• Search warrant applications
• CHIS Information Reports
• Analytical material
• Operation Orders / briefing material
• Conference notes
• Notes in relation to covert investigative techniques
• Surveillance device warrant (interception) applications

Question 7

What rank must approve disclosure of CHIS information?

Answer 7

Detective Senior Sergeant.

Question 8

What are the benefits to pagination of disclosed material?

Answer 8

• It facilitates effective auditing of disclosed material
• It provides a reference for material
• All parties can refer to material by a unique page reference
• Any illegitimate claims made by defence that particular material was not disclosed can be replicated
• It enables accurate records to be maintained