CLP 16 - Disclosure Flashcards
(32 cards)
What is used material?
Material the prosecution relies on to prove its case.
What is unused material?
Material not relied on by the prosecution but may help the defence or undermine the prosecution.
What must the prosecution do if no disclosable unused material exists?
Provide a written statement confirming this.
What are the 3 main stages of prosecution disclosure?
- Investigation - duty to record and retain material during investigation
- Provision of unused material to prosecutor - disclosure officer prepares list of unused material
- Initial duty of disclosure
Who must retain and record relevant material?
The investigating officer and disclosure officer.
What is the disclosure officer’s responsibility?
Examine retained material, prepare schedules, and certify compliance.
How long must prosecution material be retained?
- Until the case is concluded
- If convicted, until release or 6 months after conviction
- If appeal pending, until appeal is decided
What if material is sensitive?
It may be withheld under Public Interest Immunity (PII).
What should prosecutors consider when deciding to disclose?
- Use in cross-examination
- Support for defence or ECHR rights
- Explanation of D’s actions
- Scientific/medical relevance
- Combined value of material
What tool can the prosecution use in complex cases?
A Disclosure Management Document.
When must initial details of prosecution case be served?
No later than the beginning of the day of the first hearing.
Details must allow the defendant and court to take an informed view on plea, venue for trial, sentencing, case management.
When does the statutory duty to disclose arise?
- Magistrates: After not guilty plea
- Crown Court: When D is sent for trial
When must a defence statement be served in Crown Court?
Within 28 days of initial disclosure.
What must a defence statement include?
- Nature of defence
- Disputed facts
- Facts relied on
- Law/authority
- Alibi details
Is a defence statement required in magistrates’ court?
No, but if served, must be within 10 business days of prosecution complying with dut of intial disclosure.
Can the defence apply for specific disclosure without a defence statement?
No.
What is a Notice of Intention to Call Defence Witnesses?
Used in both Crown and Magristrates’ court.
Statement declaring if D plans to call witnesses other than themselves.
What are the deadlines for defence witness notice?
- 10 business days in magistrates’ court
- 28 days in Crown Court
Of the date prosecution comlies with initial duty of disclosure
What are the consequences of defence disclosure failures?
- Adverse inferences
- Prosecutor/co-D comment
- Court directions for compliance
Can magistrates draw inferences from late defence statements?
Yes, if served—but there’s no duty to provide one.
Does the prosecution’s duty to disclose end after initial disclosure?
No, it continues until conviction, acquittal, or case withdrawal.
What if material arises late in trial?
It must still be reviewed and disclosed if relevant.
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How long is relevant material retained after conviction?
- Until D is released or 6 months post non-custodial sentence
- Until the end of any appeal
