Disclosure

Question 1

Initial action of disclosure manager

Answer 1

INITIAL ACTION
Read DISCLOSURE MANAGER desk file
Access current serious crime template
Report to 2IC to receive a briefing, tasking, establishing what is/is not disclosable.

Question 2

Disclosure manager key responsibility

Answer 2

KEY RESPONSIBILITIES - DISCLOSURE

• Ensure all relevant and discoverable material is provided to defence
• Ensure all relevant and non-discoverable 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
• Ensure that robust, auditable systems are employed to record disclosure
• Manage disclosure timeframes within provisions of the act
• Retain and file all correspondence with defence counsel

Question 3

Crown disclosure

Answer 3

Should be provided with identical copy of all material disclosed to defence counsel. Also unedited copy of material where appropriate.

Question 4

S10(4) CDA 08

Answer 4

S10(4) CDA 08
Disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it at the time of the request, provided it will be readily accessible to the defendant.
Considerations given to whether defendant has access to computer which which they can access electronic disclosure documents (especially if remanded in prison)