Disclosure – prosecution, defence and unused material Flashcards
What two types of material must the prosecution provide to the defense at the first hearing?
The prosecution must provide used material (evidence they rely on) and unused material (evidence they are not relying on but which may help the defense or undermine their case).
What is the prosecution’s disclosure obligation under the Criminal Procedure Rules before the first hearing?
The prosecution must serve initial details of the prosecution case (IDPC) on the court and make it available to the defendant no later than the start of the first hearing.
In what type of cases is serving a defense case statement mandatory?
A defense case statement is mandatory in all Crown Court proceedings, regardless of whether the case originated as an either-way or indictable-only offence.
When is a defense case statement optional?
It is optional in summary-only proceedings that remain in the magistrates’ court. However, the defense must still disclose details of any witnesses they intend to call.
What information must be included in a defense case statement?
The statement must outline the nature of the defense, factual disputes, reasons for those disputes, any legal points, and alibi details (names and addresses).
What ongoing duty does the prosecution have after initial disclosure?
The prosecution has a continuing duty to disclose any material that may undermine the prosecution or assist the defense, including reviewing new or unused evidence
What consequence may arise if the defense fails to serve a defense case statement in Crown Court?
The judge may direct the jury that an adverse inference may be drawn—i.e., that the defense did not disclose their case because they didn’t have a real defense.
In what format is the prosecution evidence typically provided when a case is sent to Crown Court?
It is provided in a “case sent bundle” which includes used material and usually unused material as well.
