Disclosure Flashcards
What is the responsibility of the investigating officer
Record all material which may be relevant
Relevant material is material that has merely some bearing on any offence under investigation or any person being investigated
Examples of relevant material that should be recorded by investigating officer
Crime reports, police officer notebooks, final versions of witness statements etc
How long must material be retained for
At least until criminal proceedings are concluded. In the event of a conviction, material must be retained until the convicted person is released from custody and in any event for Atleast 6 months from date of conviction
What must the disclosure officer do
Duty to reveal material to prosecutor
Prepare an MG6 schedule if crown court
Prepare streamlined disclosure certificate if magistrates
Any sensitive material should be listed in a separate schedule
What must the disclosure officer do at end of process
Certify to the prosecutor that the code has been complied with
Responsibility of prosecutor for disclosure
Prosecutor needs to review the schedules provided by the disclosure officer and to assess the need to make disclosure
What is the test for disclosure
Should disclose if the material might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused
Can you obtain pre trial disclosure from third parties and if so , how ?
Yes, the prosecution need to summons them
What should the judge do before removing the accused from trial for poor behaviour
Warn D and can also threaten contempt
Can a trial continue if a Co accused falls sick
Can only continue if the evidence has no bearing on the absent accused
When must initial details be given
As soon as reasonably practical and in any event no later than beginning of the day of first hearing
Consequence of failure to comply with initial details
Adjournment or costs
