Criminal Disclosure

Question 1

Information recording obligations:

Answer 1

S15 of the CDA provides that Police is not required to disclose information if it:

• Is not in possession or control of that information at the time, or
• does not hold the information in recorded form at the time.

Question 3

Three disclosure stages as required of Police as the prosecutor:

Answer 3

• initial disclosure (15 days from commencement of proceedings)
• Full disclosure
• Additional disclosure

Question 4

What is the importance of supervisors to disclosure?

Answer 4

• Opportunity to review the file, audit work, and identify any gaps or further lines of inquiry.
• Ensure statutory requirements are being Met
  -Ensure sensitive information is not disclosed if withholding grounds apply