Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

FLK 2: Criminal Law and Practice > Topic 5 - Disclosure and Pre-Trial Matters > Flashcards

Topic 5 - Disclosure and Pre-Trial Matters Flashcards

(101 cards)

Start Studying
1
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the duty to disclose in a criminal investigation?

A

The duty to record and retain material during a criminal investigation and the initial duty of disclosure on the prosecution.

This includes the obligation to provide both used and unused material to the defense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What constitutes used material in a criminal case?

A

Material relied upon at trial, including:
* statements from prosecution witnesses
* the defendant’s record of taped interview
* documentary exhibits like plans and diagrams.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is unused material?

A

Material not relied upon by the prosecution, including:
* statements from witnesses not used at trial
* records of previous convictions of prosecution witnesses
* disciplinary findings against police officers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why is unused material important to a defendant?

A

It can help the defendant by revealing evidence that undermines the prosecution’s case or supports the defense.

Fairness demands that such material be disclosed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What did the House of Lords state about fairness in disclosure?

A

‘Fairness ordinarily requires that any material held by the prosecution which weakens its case or strengthens that of the defendant should be disclosed.’

R v H and C [2004] UKHL 3.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the main disclosure provisions related to unused material?

A

The principal provisions include:
* Criminal Procedure and Investigations Act (CPIA) 1996
* Code of Practice on Disclosure
* Criminal Procedure Rules (CrimPR) Part 15
* Attorney General’s Guidelines on Disclosure
* Judicial Protocol on the Disclosure of Unused Material.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the four stages of disclosure?

A

The four stages are:
* investigation stage
* initial duty of disclosure on the prosecution
* defence disclosure
* continuing duty on the prosecution to keep disclosure under review.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the duty to retain and record relevant material?

A

All material relevant to a criminal investigation must be recorded in a durable form and retained.

This includes crime reports, witness statements, and expert reports.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who is responsible for ensuring proper procedures for recording information during an investigation?

A

The officer in charge of the investigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the role of a disclosure officer?

A

Responsible for examining retained material and revealing it to the prosecutor and defense at the prosecutor’s request.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What materials must be retained during a criminal investigation?

A

Items include:
* crime reports
* witness statements
* interview records
* experts’ reports.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When does the duty to retain material last until?

A

At least until a decision is made to institute proceedings against a suspect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the initial duty of disclosure according to CPIA?

A

The prosecutor must disclose any prosecution material that might undermine the case or assist the accused.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the definition of ‘prosecution material’ under CPIA?

A

Material in the prosecutor’s possession related to the case or inspected under the Disclosure Code of Practice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What factors should prosecutors consider when deciding on disclosure?

A

Factors include:
* potential use in cross-examination
* capacity to support submissions
* ability to explain the accused’s actions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the significance of the A-G’s Guidelines in relation to disclosure?

A

They provide further detail on the disclosure test and emphasize considering the cumulative effect of multiple items.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What happens if the prosecution does not comply with initial disclosure requirements?

A

Dates will be set by the court for compliance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a ‘Disclosure Management Document’?

A

A document that explains the prosecution’s approach to initial disclosure in complex cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the common law duty of disclosure?

A

The obligation of a prosecutor to disclose material that should be disclosed in the interests of justice and fairness, even when not statutorily required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does the CPIA section 12 provide?

A

It allows for statutory time limits for prosecution initial disclosure to be set by regulation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the default position under CPIA section 13 regarding initial disclosure?

A

The prosecutor must act ‘as soon as is reasonably practicable’ once the initial duty of disclosure arises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What happens at the Plea and Trial Preparation Hearing (PTPH)?

A

The prosecution should serve sufficient evidence to enable effective case management.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the continuing duty of the prosecution after initial disclosure?

A

To review disclosure throughout the criminal proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is a case management hearing?
A hearing that occurs unless the case falls within certain exceptional categories such as murder or cases involving children ## Footnote Further hearings will be envisaged for exceptional cases.
26
What must be done if there is more prosecution evidence to serve at the PTPH?
Dates will be given by when this must be done.
27
What is the prosecution's duty of disclosure after initial compliance?
The prosecution has a continuing duty to review disclosure throughout the criminal proceedings.
28
In the Crown Court, what does a defence statement set out?
The nature of the accused's defence.
29
What is the purpose of the defence statement in the Crown Court according to s.5 CPIA 1996?
To serve a written statement on the Crown Court and the prosecution.
30
What distinguishes a defence statement from a defendant's proof of evidence?
A defence statement is not a privileged document and is disclosable, while proof of evidence is privileged.
31
What are the contents required for a defence statement under Section 6A CPIA 1996?
* Nature of the accused's defence * Matters of fact disputed * Reasons for disputing those facts * Particulars of matters relied on for defence * Points of law intended to be raised
32
What is the time limit for serving a defence statement in the Crown Court?
28 days from the prosecution's compliance with initial disclosure.
33
Is serving a defence statement compulsory in the magistrates' court?
No, it is not compulsory.
34
What happens if a defence statement is not served in the magistrates' court?
The defence cannot make an application for specific disclosure.
35
What is the consequence of failing to serve a defence statement in the Crown Court?
Adverse inferences may be drawn against the defendant.
36
What does section 11 CPIA allow the jury to do in case of defence disclosure failure?
Draw adverse inferences against the defendant.
37
What must the prosecution do upon receiving the defence statement?
Review disclosure in light of the issues identified.
38
What is a section 8 application?
An application for specific disclosure of prosecution material that should have been disclosed.
39
What is required to make an application for specific disclosure?
A served defence statement and a belief that there is undisclosed material.
40
What does the Judicial Disclosure Protocol state about the timing of service of defence statements?
Timely service is necessary to facilitate proper consideration of disclosure issues before trial.
41
What should the defence statement include regarding alibi witnesses?
Particulars of the alibi and identification details of witnesses.
42
What is the role of the A-G's Guidelines regarding defence statements?
To challenge the lack of or inadequate defence statements in writing.
43
What happens if the defence fails to serve a defence statement?
The prosecution will not have the opportunity to review disclosure based on the defence issues.
44
What is public interest immunity in the context of disclosure?
A consideration that may affect what material is disclosed by the prosecution.
45
What is the significance of the continuing duty of disclosure by the prosecution?
It requires the prosecution to keep reviewing material that should be disclosed throughout the case.
46
What should the defendant do if a hearing is required?
Ask for a hearing and explain why it is needed ## Footnote The prosecution has 10 business days to respond in writing.
47
What is the significance of disclosure in a criminal trial?
It is crucial for case management and a mandatory defence statement in Crown Court ## Footnote Proper disclosure relies on the prosecution's trustworthiness.
48
What can happen if the prosecution fails to disclose relevant material?
* Application to stay the indictment * Conviction quashed on appeal * Delay and wasted costs * Exclusion of evidence ## Footnote The defence should first write to the prosecution for specific disclosure.
49
What is the duty of investigators and prosecutors regarding third-party disclosure?
Pursue all reasonable lines of enquiry ## Footnote Third parties are not under a duty to disclose but should be approached if they hold relevant information.
50
What is Public Interest Immunity (PII)?
An application to the judge for non-disclosure of material that poses a risk to public interest ## Footnote The court will decide on the minimum extent of non-disclosure necessary.
51
What are 'pre-trial matters'?
Issues that can be resolved before the trial, such as trial dates or witness summons ## Footnote They can be considered at various stages including the first hearing or PTPH.
52
What happens if a defendant pleads guilty?
The court moves to sentencing ## Footnote If not guilty, a trial will proceed.
53
What is the purpose of the Plea and Trial Preparation Hearing (PTPH)?
To resolve pre-trial matters and prepare for trial ## Footnote The PTPH is a key hearing in the Crown Court.
54
What is required from the prosecution regarding evidence after a case is sent to the Crown Court?
Evidence must be served within 50 days if in custody or 70 days if on bail ## Footnote Draft indictment must be served within 20 business days after serving prosecution evidence.
55
What must happen at the plea stage of the PTPH?
The indictment is put to the defendant for a plea of guilty or not guilty ## Footnote If guilty, the case moves to sentencing; if not guilty, it proceeds to trial preparation.
56
What happens if a defendant is found unfit to plead?
A jury trial is held to determine if the act was committed ## Footnote They can only be subject to absolute discharge or supervision orders.
57
What directions are set during the trial preparation stage of the PTPH?
* Trial date * Prosecution evidence confirmation * Expert evidence directions * Witness requirements * Special measures * Bad character applications * Agreed facts and issues * Defence statement * Disclosure issues * Defendant's interview * Hearsay directions * Admissibility and legal issues ## Footnote Directions ensure trial readiness and clarity on disputed matters.
58
What is the role of the magistrates' court in pre-trial matters?
To resolve case management issues at the first hearing and set a trial date ## Footnote In complex cases, further pre-trial hearings may be necessary.
59
What happens if a pre-trial ruling is made in the magistrates' court?
The ruling is binding on the trial court unless a variation application is made ## Footnote Applications for variation can only be made under specific circumstances.
60
What should the defence do regarding witness requirements at the PTPH?
Inform the prosecution about required witnesses and estimate questioning time ## Footnote Details of any defence witnesses must also be provided.
61
What is the standardised direction regarding bad character applications?
Timetables are set for service of bad character applications and responses ## Footnote This applies to both the prosecution and defence.
62
What is necessary for the prosecution to proceed with evidence at the PTPH?
The prosecution must confirm if all evidence has been served or what remains to be served ## Footnote This is crucial for trial preparation.
63
What happens if the prosecution's evidence is not disclosed properly?
It can result in an application to exclude evidence or stay the indictment ## Footnote The court must ensure the defendant receives a fair trial.
64
What does the 'Preparation for Effective Trial' (PET) form indicate?
It indicates proceedings can be conducted in the Welsh language ## Footnote This applies in the magistrates' court.
65
What is the purpose of the timetable in a defendant's interview?
To apply for the prosecution and defence to agree on an edited interview record for use at trial.
66
What directions apply to the service of applications to rely on hearsay evidence?
Directions will apply on the service of applications to rely on hearsay evidence.
67
What should all parties know at the end of the hearing?
The trial date, the timetable for further preparatory work, and whether the case needs to be listed in court again before trial.
68
What happens if a party fails to comply with directions?
They may be required to come to court and explain their failure.
69
What is the Plea and Trial Preparation Hearing (PTPH)?
A mandatory hearing in all cases to prepare for trial.
70
What types of matters do not have further hearings in the magistrates' court?
* Indictable only matters * Triable either way matters where the defendant is sent for trial by the magistrates' court or elects Crown Court trial.
71
What are the possible further applications and hearings after the PTPH?
* Evidence applications * Special measures * Measures to assist vulnerable defendants * Witness summons and warrants * Changes of plea.
72
What is the purpose of special measures in court?
To assist witnesses in giving evidence, particularly children and vulnerable individuals.
73
What are some types of special measures available to assist witnesses?
* Use of screens (s.23 YJCEA) * Live TV link (s.24) * Giving evidence in private (s.25) * Removing wigs and gowns (s.26) * Video recording of evidence in chief (s.27) * Pre-recording cross-examination (s.28) * Questioning through an intermediary (s.29) * Aids to communication (s.30).
74
Who is automatically eligible for special measures under YJCEA?
All witnesses aged under 18 at the time of trial or video recording.
75
What additional protections exist for witnesses in court?
* Witness Anonymity Orders (Coroners and Justice Act 2009) * Automatic anonymity of complainants in sex cases (Sexual Offences (Amendment) Act 1992) * Prohibition of cross-examination by defendants in person of complainants in sex cases (YJCEA ss.34 to 38). * Restricting the reporting of witnesses' identity (YJCEA s.46).
76
Under what circumstances can a vulnerable defendant give evidence via a live link?
If they are under 18 and their ability to participate is compromised, or if they are 18 or over with a mental disorder or significant impairment.
77
What is the role of an intermediary in court?
To assist communication of evidence for witnesses and defendants.
78
What is a witness summons?
A court order requiring a witness to attend court or produce a document.
79
What must be shown to issue a witness summons?
* The witness can give material evidence * It is in the interests of justice.
80
What are the two situations for changing a plea?
* From not guilty to guilty * From guilty to not guilty.
81
What is required for a defendant to change their plea from guilty to not guilty?
The court must be satisfied that the plea was made under undue pressure or misadvised.
82
What governs the processes for case management in trials?
The Criminal Procedure Rules.
83
What is the purpose of case management in a trial?
To ensure the smooth running of the forthcoming trial.
84
What is the duty of the prosecution regarding unused material under the CPIA?
To disclose material that is in their possession but not intended to be relied upon.
85
When does the duty to disclose unused material arise?
When a not guilty plea is entered or the matter is sent for trial.
86
What is the duty of disclosure that falls on the prosecution?
The prosecution must disclose material that undermines their case or assists the defence once a not guilty plea is entered or the case is sent to trial.
87
When is the duty to disclose triggered?
When a not guilty plea has been entered in the magistrates’ court or the matter is sent for trial to the Crown Court.
88
What types of material must be disclosed by the prosecution?
Any material that undermines the prosecution case or could reasonably assist the defence case.
89
What is the difference between sensitive and non-sensitive material?
Non-sensitive material can usually be disclosed without issue, while sensitive material may involve intelligence or undercover officers and may require special handling.
90
What is public interest immunity?
An application made by the prosecution to not disclose sensitive material, believing it could cause serious prejudice to an important public interest.
91
What happens after the prosecution complies with its duty of disclosure?
The duty shifts to the defence to serve a defence statement.
92
What is the time limit for the defence to serve a defence statement in the Crown Court?
28 days from the prosecution complying with their duty of disclosure.
93
Is a defence statement mandatory in the magistrates’ court?
No, but it may be appropriate for seeking specific disclosure.
94
What is the time limit for serving a defence statement in the magistrates’ court?
14 days from the prosecution disclosure.
95
What must a defence statement include?
* Nature of the defence * Matters in issue with the prosecution * Reasons for issues with the prosecution * Particulars of matters relied on in defence
96
What is required regarding alibi witnesses in a defence statement?
Alibi witnesses must be included in the defence statement and identified in a notice of intention to call witnesses.
97
What is a Section 8 application?
A defence application to the court when there is reasonable belief that undisclosed prosecution material exists.
98
What must a Section 8 application be for?
A specific item, not a general request.
99
What should the prosecution do if relevant material is held by third parties?
Take appropriate steps to obtain it if it could undermine their case or assist the accused.
100
What are the potential consequences of failing to disclose relevant material?
* Application to stay the indictment * Exclusion of evidence under Section 78 PACE * Conviction being quashed on appeal
101
True or False: A bare denial is sufficient to meet the obligations of a defence statement.
False.

FLK 2: Criminal Law and Practice (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions