Disclosure Of Evidence Flashcards
What is disclosure of evidence?
The process by which Crown informs the defence of the evidence it intends to lead in the prosecution cases as well as any information or material which is likely to undermine the prosecution case, assist the defence case or suggest that the accused did not commit the offence on the date, time and locus libelled.
Key disclosure of evidence legislation?
October 2010 the Scottish Parliament introduced part 6 of the Criminal Justice and Licensing (Scotland) Act 2010 which provides statutory obligations in relation to disclosure of evidence in criminal proceedings.
What did the 1952 of Smith v HMA summarise?
The main principles of Disclosure that still exist today:-
“The duty of the police is simply one of investigation under the supervision of the PF….as they are the sole investigators and no more than investigators, it is their duty to put before the PF everything which may be relevant and material to the issue of whether the suspected party is innocent or guilty”.
What are the 6 core principles of revelation?
Lord advocate issued this, the police must comply with it.
1) Police as obliged to reveal to COPFS all information that may be relevant to the issue or whether the accused is innocent or guilty
2) “Relevant” means any information that appears to an investigator to have some bearing on the offence or offences under investigation or any person being investigated or on the surrounding circumstances, unless it is incapable of having any impact on the case.
3) This obligation persists in perpetuity. This means that the duty exists during and appeal process and even where there is no live appeal, for example, where such information comes to the attention of the police after conviction, or after an appeal has been refused.
4) Compliance with the duty requires the police to provide COPFS with all witness statements obtained, including statements from defence witnesses
5) Compliance with the duty also requires the police to reveal to COPFS the existence of Criminal History Records (previous convictions and outstanding charges) for all witnesses from whom statements are provided (this includes all police officers and staff)
6) Failure to properly and timeously reveal all potentially relevant information to COPFS could lead to a failure to disclose material information to the accused which could result in a miscarriage of justice.
