Lecture 16 Disclosure Flashcards
What is C.P.I.A)?
Criminal Procedure and Investigations Act 1996
What is Disclosure?
The CPS must provide the defence with copies of, or access to any relevant material which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused in their defence. They can only do this effectively if you’ve done all you should with your disclosure responsibilities.
What is the investigation process?
- initial report
- Response and attendance at scene
- Witness identification
- Forensic examination
- CCTV enquires
- Recovery of exhibits
- Suspect identification
- Arrest
- House searches
- Interview
- Identification process
- Disposal
What does the investigation process generate?
Material (evidence/ information/ objects)
What must you do initially?
Think wide initially… you can narrow down later. It doesn’t work the other way round.
What is the officers obligation?
It’s an officers obligation through the life of the case to pursue all reasonable lines of enquiry that point towards or away from the suspect.
What approach must you have towards disclosure?
A thinking approach to disclosure which is ongoing.
What is an Investigators role defined as within C.P.I.A?
Any person involved in the conduct of a criminal investigation. All investigators have a responsibility for carrying out the duties imposed on them under this code, including in particular recording information, and retaining records of information and other material.
What is an Officer In Charge Of An Investigation defined as within C.P.I.A?
The person responsible for directing a criminal investigation. he is also responsible for ensuring that proper procedures are in place for recording information, and retaining records of information and other material.
What is the Disclosure Officer defined as within C.P.I.A?
The person responsible for examining material retained during the investigation, revealing material to the prosecutor during the investigation and any criminal proceeding resulting from it, and certifying that he has done this; disclosing material to the accused of the request of the prosecutor.
What is relevant material?
Any material that appears to have some bearing on the..
- offence
- suspect
- circumstances
Only if its incapable of having any impact on the case will it be considered not relevant.
What are the Four Rs?
Retain
Record
Reveal
Review
What is the Disclosure Test?
Material which might reasonably considered capable of undermining the case for the prosecution.
And/Or
Assisting the case for the accused
What are the duties of the Disclosure Officer?
- To examine the material which has been retained, but which does not form part of the prosecution case
- To create schedules of such material that describes each item properly and pass it to the prosecutor
- To identify and send to the prosecutor material which might undermine the prosecution case or assist the case for the accused.
- To look again at the schedules when a defence statement is received and identify material not previously disclosed that ‘may reasonable be expected to assist the accused defence and to send it to the prosecutor’
- To send to the prosecutor anything else which they ask for
- To certify that the duties under the code of practice are being complied with
- To re-visit these duties through the full life of the case.
What is Common Law Disclosure?
Certain unused material must be disclosed to the accused at Common Law, if it would assist the defence with the early proportionate of their case or at a bail hearing.
