Disclosure

Question 1

Key responsibilities

Answer 1

• Relevant and disclosable material is provided to defence counsel
• Relevant and non-disclosable material is identified, listed and defence advised
• Ensure that non-discoverable material is identified and not disclosed
• Ensure that ongoing lawful justification to withhold exists for each document that is withheld

Question 2

Defence counsel relationships

Of note only

Answer 2

All communication with defence counsel should be conducted through the 2IC, or Crown solicitor, where engaged.

Question 3

NATI

What does the format of disclosure material depend on?

Answer 3

• Number of persons charged
• Available resources
• Technical ability of the disclosure manager
• Investigation scale

Question 4

Crown disclosure

Of note only

Answer 4

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate.

This material should remain under the control of the File Manager while it is being reviewed.

Question 5

What are some initial actions the Disclosure Manager must carry out upon being appointed to the role?

Answer 5

• Read the Disclosure Manager’s desk file
• Report to the 2 I/C to receive a briefing, tasking, what information is and is not discoverable, and ongoing supervision.

Question 6

What are some documents that are generally discoverable?

Answer 6

• Statements
• Notebook entries
• Job sheets
• Interview transcripts

Question 7

What are some documents that may be withheld?

Answer 7

• Search warrant applications
• CHIS reports
• Op orders
• Conference notes