Disclosure

Question 1

When will disclosure obligations arise?

Answer 1

When someone pleads not guilty

Question 2

How much should we disclose?

Answer 2

It is a question of fact determined in each case.

Sufficient disclosure to enable a defendant to present their case.

Question 3

What is advance information?

Answer 3

Material that the defence are entitled to have in order to consider whether to plead guilty or not.

Question 4

Is advance disclosure to the defence an absolute right?

Answer 4

No it is only necessary when requested by the defence,

Question 5

can a witness make a partial statement and omit details through fear of reprisals?

Answer 5

No either make a full statement or don’t

Question 6

If a witness gives several statements but the prosecution rely upon only one, do they all need to be supplied in advance disclosure?

Answer 6

No just the one

Question 7

Under what circumstances can we limit disclosure at the advance disclosure?

Answer 7

If the oic considers that providing full disclosure would cause interference with the course of justice or witness intimidation i must consult the prosecutor who may limit disclosure

Question 8

Social services refuse to provide 3rd party material. What do i do?

Answer 8

If it is prior to charge, make an application under schedule 1 pACE for special procedure material.

Post charge apply for a witness summons.

Question 9

What happens if there has been an accidental failure to disclose? Trial collapse?

Answer 9

Not automatically. If there is sufficient evidence to safely convict, the trial should proceed and the defence should be afforded the opportunity to persuade the court not to convict. \

If a fair trial is not possible, the court can stay proceedings (stop). This is up to the court.

Question 10

Is a defence case statement compulsory in all cases?

Answer 10

No - only in crown.

In mags, it is voluntary however is likely to be when they are not satisfied with material disclosure, they want to examine the schedule, or they wish to show the strength of the defence case.

Question 11

What happens if the defence fail to submit a defence case statement?

Answer 11

In mags - they cant request to see docs from schedules of unused material.

In crown - they may with permission from court make comment and draw adverse inferences. They cannot request any documents from schedules.

Question 12

How soon must a defence case statement be made?

Answer 12

In mags - 14 days of initial disclosure.

Crown - 28 days

Question 13

What happens if the defence do not release their statement within time limit?

Answer 13

The statement is not excluded and it can still trigger the ongoing duty to disclose however adverse inference can be drawn.

Question 14

Can the defence request an extension of time to submit a statement?

Answer 14

Yes and the court must be satisfied that they could not have reasonably submitted it in time.

There is no time limit on the duration of the extension and they can extend as many times as they want.

Question 15

Any unused material which might reasonably be considered capable of undermining or assisting defence must be disclosed. What test is applied?

Answer 15

It is objective - reasonable man.

Opinion of the oic or prosecutor is irrelevant. What would a reasonable man think>

Question 16

Is an empty office block counted as sensitive material for an OP?

Answer 16

No it must be occupied under R V Johnson

Question 17

Colours, makes and models of surveillance cars. Withold?

Answer 17

No

Question 18

How long are we under a duty to retain material?

Answer 18

6 months after conviction or when the suspect is released from custody or discharged from a hospital order provided 6 months has passed.

6 months is the minimum.

Question 19

Is there a time limit for primary initial disclosure to the defence from charge?

Answer 19

No just asap

Question 20

Must Tim Barry provide details of defence witnesses prior to trial?

Answer 20

Yes they must be identified other than the accused

Question 21

Police officers have been keeping observations on a petrol station, suspecting that an armed robbery will take place. Part of this operation involves videotaping the petrol station and the area surrounding it, and keeping a surveillance log. While engaged on the petrol station observations, the officers witness NAJAFI commit a series of thefts from unattended motor vehicles. They make original notes in their pocket notebooks of what they saw NAJAFI do, and they check the videotape, which does not show anything of the thefts from the vehicles.

In relation to the case against NAJAFI, what do the prosecution have to disclose in order to comply with the Criminal Procedure and Investigations Act 1996? Does the surveillance need to be disclosed? Does everything need to be disclosed?

Answer 21

The video tape must be disclosed or the case could be halted.

Eye witness accounts and descriptions.

Only relevant material.

Question 22

Does the prosecution have to consider a defence case statement and provide secondary disclosure if it is late?

Answer 22

the courts have held that even if the defence statement is outside the 14 days the prosecution must still consider the impact of the statement in terms of the need for any further disclosure

Question 23

Guilty plea in mags. What do we have to remember for disclosure?

Answer 23

In such a case, the prosecution must make primary or initial disclosure only

Question 24

What should the defence case statement contain?

Answer 24

The defence case in general terms and areas where they take issue with the prosecution, and why.

The defence statement should set out the nature of the defendant’s defence, including any particular defences on which he/she intends to rely, and should set out particulars of the matters of fact on which the defendant intends to rely; this means they will need to disclose a factual narrative of their case. In addition, those issues, relevant to the case, which the accused disputes with the prosecution must be set out with reasons; answer C is therefore incorrect. Although this is a magistrates’ court hearing and the defence do not have to provide a defence statement, where they do they must comply with the same conditions imposed on compulsory defence disclosure; answers A and B are therefore incorrect.

Question 25

Does the defence have to submit a defence case statement in magistrates cases?

Answer 25

No

Although this is a magistrates’ court hearing and the defence do not have to provide a defence statement, where they do they must comply with the same conditions imposed on compulsory defence disclosure.

Question 26

Where an accused is under 18 years of age, must the court hear a case in their absence? Over 18?

Answer 26

the court “may” proceed in his or her absence (s. 11(1)(a)), and if the accused has attained the age of 18 the court “must” proceed in his or her absence unless it appears to the court to be contrary to the interests of justice to do so

Question 27

If you lie during disclosure, is any subsequent admission automatically inadmissible?

Answer 27

Yes if there is a casual connection between the lie and the confession.